
Class j4il&_iLS# 



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HANDBOOK 



FOR 



RURAL SCHOOL OFFICERS 



Comprising the Revised Laws of Minnesota of 1905, and all sub- 
sequent Laws and Amendments, together with annotations of decisions 
of the Supreme Court, and opinions of the Attorney General. 



Complied and Annotated Under the Direction of 

C. G. SCHULZ, 

state Superintendent of Public Instruction. 



BY 



C. S. JELLEY, 

Ex-Aesistant Attorney General, 
of the IVlinneapolis Bar. 



l4l 



'ly/c^'/ZiYj:^^- e___/^ 



Minneapolis, 

Syndicate Printing Co. 

1910. 









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EXPLANATORY PREFACE. 



In this compilation will be found all general laws of Minnesota 
now in force, relating to rural schools and school boards. The Revised 
Laws of 1905 are taken as the basis, and to them are added all sub- 
sequent laws and amendments. 

The laws are arranged by subjects, the sections are numbered con 
secutively, and the index refers to the subjects by sections. At the 
foot of each section is given the number of the section of the Revised 
Laws, or the chapter and year of the subsequent session laws from 
which the section is derived. 

Following the sections will be found annotations in small type 
giving the substance of decisions of the Supreme Court, and opinions 
of the Attorney General. The references, such as 43 M. 312, are to 
the volume and page of the Minnesota Supreme Court Reports, regular 
edition, and the references, such as (Gil. 352) added, are to the Gil- 
fillan edition of the Supreme Court Reports. References such as 
"Young page 187," or "Simpson January 11, 1910" are to the name 
of the Attorney General who gave the opinion, and the page of the 
Attorney General's Report, where the opinion may be found, or the 
date thereof, as the case may be. 



FOREWORD. 



Having, as they do, not only the care, control, and management 
of the school property and schools, but also, to a great extent, of the 
school discipline and educational training of the children in their dis- 
trict, rural school officials occupy most important and responsible po- 
sitions. By selecting them in preference to others, the people have 
shown their confidence in them, and it is not only their duty, but it 
should be their chief aim and highest ambition, as public servants, to 
see that the schools under their charge are of the very best. 

Upon them depend largely the quality of the education and the 
kind of moral training received by the school attendants, and these 
two, education and moral school training, together with home example 
and influence, form the basis of the future character of the children, 
that character which is to determine whether those children are to be 
come good and useful men and women and worthy citizens. 

School days being the formative period of character, school offi- 
cers cannot be too careful or painstaking in adopting such reasonable 
rules and regulations as are necessary for the proper control and 
government of the schools, in seeing that such rules and regulations 
are enforced and in supporting the teacher in the enforcement of the 
same. 

School boards and teachers must be in accord if the best results 
are to be achieved in school work, and the teacher must not only have 
the necessary knowledge to teach, but must also possess the faculty 
of being able to impart that knowledge to the children, and at the 
same time have those essential qualities, patience, kindness, and per- 
severance which are absolutely necessary in the enforcement of the 
school rules and regulations and in the proper control and government 
of children. 

For a school to be efficient and progressive, members of the board 
should study the needs of the school; supply those needs so far as it 
is in their power to do so, throw aside and disregard all selfish mo- 
tives, and individual desires and preferences, and act in harmony as 
a board for the best interests of the school. 

Chosen as trustees by the people, the board members should dili- 
gently, faithfully, and conscientiously perform the duties of their 
trust; should be in harmony as a board, among themselves. In feeling 
and in action, and especially should they be in harmony and act in 



concert with the teacher in the education, government and control of 
the children entrusted to their care and guardianship, for then the 
school in their mutual charge cannot fail of success. 

With the purpose of furnishing rural district oflBcers in a brief 
and concise form, information as to their duties, and for placing in 
their hands a ready book of reference for their guidance in the per- 
formance of those duties, this hand-book has been prepared, no statutes 
being referred to except those applicable to rural schools, and special 
attention is called to "Practical Suggestions to School Boards" and 
other information made and furnished by Mr. Julius Boraas, County 
Superintendent of Goodhue County, contained in Chapters XX, XXI, 
XXII, XXIII, XXIV. 

C. G. SCHULZ, 

Superintendent of Public Instruction 



TABLE OF CONTENTS. 



Chapter 


I. 


Chapter 


II. 


Chapter 


III. 


Chapter 


IV. 


Chapter 


V. 


Chapter 


VI. 


Chapter 


VII. 


Chapter 


VIII. 


Chapter 


IX. 


Chapter 


X. 


Chapter 


XI. 


Chapter 


XII. 


Chapter 


XIII. 


Chapter 


XIV. 


Chapter 


XV. 


Chapter 


XVI. 


Chapter 


XVII. 


Chapter 


XVIII. 


Chapter 


XIX. 


Chapter 


pract: 

XX. 


Chapter 


XXI. 


Chapter 


XXII. 


Chapter 


XXIII. 


Chapter 


XXIV. 


Chapter 


XXV. 


Chapter 


XXVI. 



Sections. 
Common and Independent School Districts ... 1-9 

Powers of Annual Meeting. 10-llA 

School Boards; Voters; Quorum 12-18 

Qualifying for Office 19-22 

Duties of Officers. 23-26 

Compensation of School Officers 27-29 

Quorum in School Boards 30 

School Boards, Their Powers and Duties 31-36B 

Vacancy 37-38 

Actions 39-41 

Judgments 42-46 

Depositories for School District Moneys. 47-50 

Penalties 51-58 

Compulsory Education 59-62 

Bonds 63-66 

Taxes 67-69 

Teachers 70-74 

School Holidays 75 

Tuition 76 

PRACTICAL SUGGESTIONS TO SCHOOL BOARDS. 

Hiring Teachers. 

Care of the School Property. 

Care and Government of School. 

Care of the Finances. 

Care of the Health. 

List of Supplies Furnished Through the Office of the 

County Superintendent. 
Regulations Relating to the Construction of School 

Buildings, Issued by the State Board of Health. 



CHAPTER I. 

COMMON AND INDEPENDENT SCHOOL DISTRICTS. 

1. Formation of districts.— A majority of the freeholders quali- 
fied to vote for school officers residing upon any territory not less 
than four sections in extent, and in which reside not less than twelve 
children of school age, whether or not such territory be in whole or 
in part included in any existing common, independent, or special 
school district, may petition the county board of the proper county 
to make such territory a school district, common or independent. 
(1281) 

A petitioner, after signing a remonstrance, cannot be claimed as a peti- 
tioner.—Hahn, May 29, 18S6. 

The statutes provide that a petition for the alteration of a school dis- 
trict, the territory of which lies in two counties, shall be presented to the 
board of county commissioners of each county, of course, for their concur- 
rent action. It is therefore necessary that the proposed alteration shall be 
agreed to by each of the boards before it can take effect. — Colville, p. 239. 

A married woman is not a freeholder because her husband is such, nor 
is the husband a freeholder because the wife is' such. — Wilson, p. 345. 

2. The petition shall contain: 

(1) A correct description of the territory to be included in such 
proposed district. 

(2) The number of persons residing therein. 

(3) The names and ages of all children of school age residing 
therein, and the existing district in which each such child lives. 

(4) The districts in which such territory lies, and the number of 
such children in each such district. 

(5) The reasons for the formation of the proposed district. 

Such petitions shall be acknowledged by the petitioners and sub- 
mitted to the county superintendent, and if he shall approve of the 
same he shall endorse such approval in writing upon said petition, 
stating his reasons therefor; and if he shall disapprove of same he 
shall indorse thereon in writing his reasons for such disapproval. 
(1282, as amended by Chap. 110, Laws 1907) 

A person signing a petition for the creation of a school district may 
- withdraw his signature therefrom by the signing of a remonstrance or other- 
wise.— Childs, July 28, 1893. 

The board of county commissioners may permit the amendment of a 
petition for the formation of a school district when such amendment is as- 
sented to in writing by all of the persons signing the same. — Childs, Dec. 
21, 1894. 



10 COMMON AND INDEPENDENT SCHOOL DISTRICTS. 

3. Notice of hearing — Upon the presentation of such petition, the 
county board shall appoint a time and place for hearing thereon, 
and shall cause two weeks' published notice thereof to be given in 
the county, and ten days' posted notice in each district affected. Such 
notice shall also be served on the clerk of each district, by mail, at 
least ten days before the time set for hearing, and the auditor's cer- 
tificate shall be proof of the mailing. (1283) 

4. Proceedings on hearing — ^At the hearing the board shall re- 
ceive any evidence and consider any arguments for and against such 
proposed organization, and shall make an order either granting or 
denying the petition; and, if the petition be granted, the order shall 
particularly describe the district, state its name or number, shall be 
signed by the chairman, and attested and filed with the auditor, who 
shall mail to the clerk of each district affected a copy thereof, and 
shall cause ten days' posted notice to be given of a meeting to organ- 
ize such district. The board may adjourn the hearing from time 
to time, and, upon the recommendation or with the written approval 
of the county superintendent, enlarge or change the boundaries pro- 
posed in the petition. (1284) 

When a petition signed by a majority of the resident freeholders is 
presented to the county board, jurisdiction is not losit by reason of the fact 
that after the petition was signed the number of resident freeholders in- 
creased so that at the date of hearing the signers constituted less than a 
majority.— 89 M. 351. 

A petition for the formation of a new school district should be presented 
to the county superintendent, and it is his duty to either approve or disap- 
prove the same in writing, giving his reasons for his action in either event, 
before the same is presented to the county commissioners. Simpson, Jan. 
12. 1910. 

5. Districts in two or more counties — Whenever the territory 
affected by any of the foregoing pit)ceedings lies in two or more 
counties, like proceedings shall be had in each county affected, and 
no order in such proceedings shall be valid unless concurred in by 
the county boards of all such counties. (1287) 

6. Appeal from order — Any person aggrieved may appeal from 
such order to the district court of the county upon the following 
grounds: 

(1) That the county board had no jurisdiction to act. 

(2) That it has exceeded its jurisdiction. 

(3) That its action is against the best interests of the territory 
affected. 

Such appeal shall be taken by serving upon the county auditor 
within thirty days from the making of the order a notice of appeal, 
specifying the grounds thereof. The appellant shall also execute 
' and deliver to the auditor* a bond to the county in the sum of one 
hundred dollars, to be approved by the county auditor, conditioned for 
the payment of all costs taxed against the appellant on such appeal. 
Such further proceedings shall be had upon such appeal as upon other 
appeals from the county board. (1285) 



COMMON AND INDEPENDENT SCHOOL. DISTRICTS. H 

The County Board, as the representatives of the public, to whom is en- 
trusted the matter of forming school districts, may appeal from an order 
of the District Court reversing its action. — 43 M. 312. 

When boards of county commissioners have acted upon a petition to 
organize a new school district out of parts of other districts lying in different 
counties, appeal may be taken by any qualified person residing in any part of 
the proposed new district, to the district court of any county in which is 
located any part of the new territory; and when an appeal is thus perfected 
that court acquires jurisdiction of the subject matter, and the county com- 
missioners of the other counties' have no interest therein. Bloomquist vs. 
County of Washington, 101 M. 163. 

Although the minutes of the county board did not sitate the precise ques- 
tion acted upon, it not appearing that the board lost jurisdiction after receiv- 
ing the petition, by failing to cause the proper notices to be published and 
posted, it will be presumed that the board retained jurisdiction, considered 
the petition on its merits, and denied the same on the ground appealed 
from, viz., that it was not in accord with the best interesjts of the inhabitants 
of the proposed new district. Bloomquist vs. County of Washington, 101 
M. 163. 

Where the county board has granted a petition for dividing a school 
district, and an appeal has been taken to the district court, the money in 
the hands of the district treasurer, which has been apportioned by the county 
commissioners to the new district, the treasurer, for his own protection, 
should retain and decline to pay over the same until the legality of the pro- 
ceedings' has been determined by the court. Simpson, Sept. 17, 1909. 

7. Change of boundaries — By like proceedings, and upon petition 
of the majority of the freeholders of each district affected, qualified 
to vote at school meetings, the boundaries of any existing district 
may be changed, or two or more districts consolidated, or one or more 
districts annexed to an existing district. No change in the boundaries 
of a district by organization of a new district or otherwise shall be 
made, so as to leave the old district without at least one school house 
used for school purposes, nor shall any change of districts in any 
way affect the liabilities of the territory so changed upon any bond 
or other obligation; but any such real estate shall be taxed for such 
outstanding liability and interest, as if no change had been made. 
In case of the consolidation or annexation of districts, whether under 
the foregoing or any other provisions of the law, action shall be 
brought by or against the new or remaining district upon any cause 
existing in favor of or against any discontinued district, but a judg- 
ment in such action against such existing district shall be satisfied 
only from taxes upon the real property included in the discontinued 
district, when the liability was incurred. 

"Provided, that when any incorporated borough, village or city 
of not more than two thousand inhabitants is already or partly in- 
cluded within the boundaries of any such school district, or whenever 
any such school district shall include within or partly within its 
boundaries any incorporated borough, village or city, of not more than 
two thousand inhabitants, the boundaries of such school district may 
be enlarged, so as to include all lands within the corporate limits 
of said borough, city or village, or so as to include lands within and 



12 COMMON AND INDEPENDENT SCHOOL DISTRICTS. 

outside of such incorporated borougti, village or city, but lying con- 
tiguous to said district in the following manner, to-wit: 

"Whenever a majority of the legal voters residing within such 
school district shall petition the board of county commissioners of the 
county wherein such district is situated for an enlargement of such 
district, and shall file a petition with the auditor of said county, it 
shall be the duty of the board of county commissioners, at its next 
regular meeting, or special meeting, to set a time and place for hear- 
ing upon such petition, and it shall cause a copy of the notice of such 
hearing to be posted in some public place in each district to be affected 
by such proposed change, and a copy thereof to be served upon the 
clerk of each of said districts, at least ten (10) days before the time 
appointed for such hearing. The posting of such copy of notice shall 
be proven by the affidavit of the person posting the same; said affi- 
davit shall state the time and place of posting and serving of the 
copy of notice as herein specified, and 

"Upon filing proof of the posting and service of such notice in 
the office of the county auditor, the board of county commissioners 
shall at the time and place fixed, proceed with the consideration of 
such matter and shall hear all evidence offered by any person inter- 
ested, tending to show what territory should be included within such 
district, and having heard the evidence, they shall, if they find it 
conducive to the good of the inhabitants of the territory affected, 
proceed to enlarge the said school district as asked for in the peti- 
tion, and to fix the boundaries thereof and of all the remaining school 
districts thereby affected, attached to or detaching contiguous terri- 
tory to or from any of such districts, in such manner as in their judg- 
ment the best interests of the persons and districts thereby affected, 
may require; provided, further, that whenever the territory affected 
by any of the foregoing proceedings lies in two or more counties, like 
proceedings shall be had in such county affected, a,nd no order in 
such proceedings shall be valid unless concurred in by the county 
boards of all such counties affected. 

"At the time of making such division, enlargement or change of 
boundaries, the county commissioners shall apportion to the district 
so enlarged that portion of the debts of said other districts as may 
seem to them right a,nd proper, and said apportionment when so 
made shall be binding upon all the districts affected, and the county 
commissioners may also apportion to said districts so enlarged, such 
portion of the property of such other districts as shall seem to them 
just and proper." Said last mentioned apportionment shall be sub- 
ject to review by the district court. 

And provided, further, that any person or officer of any school 
district aggrieved by any order of the county board made pursua,nt 
to the provisions of this section, may appeal to the district court from . 
such order, such appeal to be governed by the provisions of section 
1285. Revised Laws 1905. 



COMMON AND INDE3PBNDENT SCHOOL DISTRICTS. 13 

(1286, as amended by c. 188, Laws 1907, as amended by c. 13, 
Laws 1909.) 

If a part of a district is separated from it by annexation to another, or 
by tlie erection of a new district, the. old district still retains all its property 
and is responsible for all its debts, unless some other provision is made by 
the act authorizing the separation. — 40 M. 13. 

Divisions and awards of moneys, funds, etc., made by the county board, 
are governed by the rules applicable to other awards. Technical precision 
IS' not required, but there must be no uncertainty as to intention. — 67 M. 
402. 

Upon a division of a district, the county board cannot abrogate nor 
modify contracts of the old district; but should make an order fixing the 
liability arising out of such contracts. The old district is liable on contracts 
entered into prior to diviaion, unless the county board provide otherwise. — 
Young, page 201. 

An old district, out of a part of which a new district has been formed, 
cannot afterwards vote a tax upon the new district to pay bonds issued prior 
to such division; but in case of failure of the new district to levy its share 
of the tax, the county auditor, under Sec. 787, R. L.., may levy its propor- 
tionate share and extend it on the tax lists. Such tax should be levied upon 
both real and personal property. — Young, page 183. 

A tax levied, but not collected, before the division is subject to dis- 
tribution.— Childs, June 29, 1894. 

Upon division of a school district moneys on hand raised for the pur- 
pose of building a school house are subject to division. — Childs, Sept. 18, 
1893. 

8. Division of funds wliere new school districts are formed — That 
whenever the boundaries of any school district are changed, or when 
a school district is formed from territory comprising two or more dis- 
tricts, or when any school district is divided, the county board shall 
make a division of all moneys, funds and credits belonging to such 
districts and shall make an award of such moneys, funds and credits 
to the district or districts affected by such change, and in making 
such award the commissioners shall take into cr-npiideration the in- 
debtedness, if any, of the district so divided, and shall make such 
division as they deem just and equitable. (Chap. 109, Laws 1907.) 

Where a school district has voted upon and carried the proposition to 
issue bonds, and procures a loan from the state for the purpose of build- 
ing a school house, and Siuch money has been received from the state, and 
thereafter the school district is divided, a new district being formed out of 
part thereof, the money so received and in the treasury of the district at 
the time of the formation of the new district, should be taken into considera- 
tion by the county commissioners, in making the apportionment of funds 
and credits, as provided by law. Simpson, Jan. 11, 1910. 

9. Duties of county auditor — When a school district has been 
formed from territory comprising two or mor? districts, or where a 
school district has been divided and the county board has, by resolu- 
tion, made a division of the moneys, funds aud credits belonging to 
such districts the auditor of the county shall be required to make 
a division of all the moneys, funds and credits evidenced by the 
records in his office pursuant to and as required by said resolution. 
(Chap. 109, Laws 1907) 



CHAPTER II. 

POWERS OF ANNUAL MEETING. 

10. Powers of annual meeting — The annual meeting chall have 
power: 

1. To appoint a moderator, and a clerk pro tem, if the clerk be 
absent; but in independent districts the chairman of the board ehall 
preside, instead of a moderator. 

2. To adjourn from time to time. 

3. To elect by ballot officers of the district. 

4. To designate a site for a schoolhouse, and provide for building 
or otherwise placing a schoolhouse thereon, when proper notice lias 
been given; but a site on which a school house stands or is begun 
shall not be changed, except by a vote therefor, designating the new 
site, of a majority of the legal voters of the district who have resided 
therein not less than six months prior to the vote, and of two-thirds 
of the voters voting upon the question, except that, in districts having 
but one schoolhouse, if such schoolhouse be more than one-ha^f mile 
from the center of the district, such site may be changed to a more 
central location by a majority vote of those present and voting on the 
question of change. 

5. To repeal and modify their proceedings from time to time, 
in accordance with the powers herein conferred. (1308) 

A school district lias authority to employ a part of a dwelling house as 
a school house.— 7 M. 203 (Gil. 145). 

A meeting must determine upon the erection of a school house or the 
selection of a site before a tax can be levied therefor. — 10 M. 433 (Gil. 345.) 

A district may at a district meeting, make a promise that will take a 
debt of the district out of the operation of the statute of limitations. — 12 M. 
17 (Gil. 1). 

When a site has been once designated and is situate within one-quarter 
of a mile from the center of the district, it cannot be changed unless at 
least a majority of the legal voters in the district who have resided there- 
in for at least six months prior to such vote, and two-thirds of the legal 
voters present and voting, vote in favor of the change. — 61 M. 259. 

When a district purchases a site for a school house, erects' a school 
house thereon, and continues to use it, it will be presumed that the site 
was legally selected by the voters, and that the officers acted within the 
scope of their authority, when all the records relating to it have been lost. — 
S3 M. 111. 

Must Show Authority. ^As school districts are mere creatures of law, 
established for special purposes, and derive all their powers from the acts 
creating them, it is perfectly just and proper that they should be obliged 
strictly to show their authority for the business they transact and be con- 
fined in their operations to the mode, manner and subject matter prescribed. 
— School District No. 7, Wright County vs. J. H. Thompson, 5 Minn. p. 221. 



. POWERS OF ANNUAL MEETING. 15 

The center of the district means' the geographical center, and when a 
district is irregular in form, the center is that point which is nearer more 
of the territory of the district than any other point. Clapp, Sept. 15, 1889. 

"Who are the judges of the special school meeting to receive the vote, 
and to decide who are voters?" I suppose the same course would have to 
be pursued a&' at the annual meeting. The moderator would have to decide 
all questions, subject to the right of appeal. — Wilson, p. 366. 

The directions to contract for the erection or lease of a school house 
must come from a district meeting, and in the powers conferred upon that 
meeting there is no limitation as to the amount which shall be expended 
for the purposes designated, the only limitation being as to the amount of 
tax which may be levied in any one year, namely, six hundred dollars. — 
Robbins vs. School District No. 1, Anoka County, 10 Minn., p. 268. 

The legal votersi at the annual or at a special meeting have no power 
to select, a teacher, or to determine what salary shall be paid. These are 
questions for the district board, which "gets its authority, not from the 
voters, but from the law." 

District officers must be elected by ballot.— Wilson, p. 352. 

Voters may at a lawful meeting rescind vote of former meeting as to 
selecting site and raising money to build a school house. — Wilson, p. 366. 

The proceedings of a school meeting presided over by a moderator not 
elected in due form are valid if no objection be made at the time. — Hahn, 
p. 477. 

"If funds' are not in hand, cannot the electors authorize the board to 
borrow funds for the purchase of a school house site?" No authority is 
given to school districts to borrow money save in the manner provided by- 
law. — When, however, the district has incurred an indebtedness for a pur- 
pose authorized by law, and the payment of such indebtedness is postponed 
to a future day, the district, in consideration of the forbearance, may con- 
tract to pay interest thereon, and for that purpose may execute and de- 
liver promissory notes. — Wilson, p. 316. 

It appears that the trustees built the school house well to the northern 
boundary of the district, and in so doing ignored the vote of the district 
in fixing the site. In this they clearly exceeded their authority, and the dis- 
trict would not be bound by their action, and could not be compelled to 
pay for the house. — Wilson, p. 297. 

"In 1882 the district voted to accept two school house sites, and did not 
build on them, and now have accepted two others. Is it necessary to rescind 
the acceptance of the first before accepting the latter." Answer: It is 
not necessary to . rescind such action before accepting the latter. — Clapp, 
April 13, 1888. 

The district meeting may ratify a contract by the trustees for more than 
five months' school, and levy a tax for the payment of teachers so em- 
ployed.— Cole, p. 102. 

A majority of the legal voters at a regularly called meeting may change 
the school house site to a point at least one-fourth of a mile nearer the 
center of the district. — Hahn, p. 510. 

If a district votes to have school for a longer time than that required 
by law, it must also vote adequate means to support it. The trustees have 
no power to levy a tax to meet the increased expense. — Cornell, p. 256. 

The annual school district meeting, if held without the statutory notice, 
cannot vote money for the building or purchasing of a school house, or fix 
the site thereof, but may transact all other lawful business. — Wilson, p. 
324. 

Notices are not essential to the legality of an annual school meeting, 
but when money is to be raised to build or buy a school house or fix the 



16 POWERS OF ANNUAL. MEETING. 

site thereof, written notices setting forth that such money is proposed to be 
raised or /i site established must be posted as prescribeu in the law. — Cole, 
p. 74. 

A person who Is a resident of a district and legally qualified to vote at 
a town meeting or general election, is a legal voter of such district, and 
hence eligible to hold the ofHce of trustee therein. Under our constitution, 
a residence for the purpose of voting is not lost by reason of absence while 
a student in any seminary of learning. — Cornell, p. 257. 

The minor children of any parent duly naturalized, and who at the time 
of such naturalization oi the parent, reside within the United States, be- 
come citizens and entitled to all the privileges of citizens immediately on 
their arriving at the age of twenty-one years. — Clapp, >ipril 13, 1887. 

"Is it competent for a school meeting to vote a term of schooQ other 
than the precise term mentioned in the notice?" In my judgment it is com- 
petent for a district, at a meeting called upon such notice, to vote any 
length of term allowed by law. While it is true that the notice -is to the 
effect that a vote will be taken as to whether they will have seven months' 
school or not, it must be borne in mind that the object of the meeting, as 
gathered from the notice itself, is to fix the length of the term, and; it 
coming within the purview of the call, there is' no question about the right 
of the district to take such action. If the notice for the meeting stated the 
object so precisely that no opportunity of choice and no variation of mode 
should be left to the meeting, it would give those whose duty it is to call 
the meeting a check upon the free exercise of the right vested in the resi- 
dents of the district.— Clapp, Sept. 13, 1887. 

After a tax for school district purposes has been extended upon the 
tax duplicate and partly paid, it is too late to raise the question as. to its 
legality before this oflfice. It must be treated as regular and valid until 
an adverse judicial determination. — Cole, pp. 260, 291. 

The electors of a common school district have no power to raise or ap- 
propriate its funds' for purpose of private tuition of the district's children 
in attendance at school of a neighboring district. — Douglas, April 25, 1899. 

Change of School Site. — In common school districts the site can be 
changed from a position in the center of the district to another position 
in the district, but only by a two-thirds vote of the electors present at a 
meeting, which vote must constitute at least a majority of all the district 
electors. — Douglas, March 30, 1900. 

The powers of a school district are the same at a special as at an an- 
nual meeting. — Sanborn vs. School District No. 10, 12 Minn. 17 (Gil. 1). A 
school district may, at a district meeting, make a promise that will take a 
debt out of the operation of the statute of limitations'. — Id. 

Neither the state superintendent nor the State Board of Health has 
authority to make recommendations as to school house sites or the I'emoval 
or change of location of school houses. — Donahower, p. 135. 

Under Sec. 3677, Gen. Stat, of 1894, now embodied in Sec. 1308, R. L., 
a school house site more than half a mile from the center of the district 
may be changed to a point nearer the center by a majority of the vote cast; 
but in case the site is within that distance from the center, the proposition 
to change it must receive a majority of the legal voters In the district, 
and two-thirds of the votes cast. — Donahower, p. 134. 

A person who la a candidate for re-election at a school meeting, may 
act In an official capacity at such meeting. — Young, p. 204. 

When a district at its annual meeting has voted to keep eight months' 
school and provided the funds, it may afterward at a special meeting legally 
called under Sec. 1306, R. L., change the length of the school term.— Young, 
p. 192. 

In an independent district the board may be authorized to purchase a 
site or change it, by a majority vote. — Young, p. 182. 



POWERS OF ANNUAL. MEETING. lY 

A school site upon which there is no s'chool house completed or begun, 
may be changed by a majority vote of the legal voters present and voting 
at a legal meeting; but if a school house stands or is begun to be erected 
on such site, it requires a majority of the legal voters who have resided in 
the district at leas.t six months prior to such vote and two- thirds of the 
voters present and voting to change the site, construing Section 1308, R. L. 
—Young, April, 1907. 

The right of a teacher to vote at the place where she is teaching de- 
pends entirely upon whether or not she is a resident o'f that place; and resi- 
dence is largely a matter of intention. If she is a resident, that is', intends 
to make it her permanent home, she is entitled to vote, otherwise not. — 
Young, May, 1907. 

A majority of the legal voters present and voting at a valid meeting, 
is sufficient to authorize the issue of bonds for the erection of a school 
building; but if the meeting is' called to vote upon the question of a new 
school house site, there must be a vote of the majority of the legal voters 
who have resided in the district not less than six months prior to the vote, 
and of two-thirds of the voters present and voting. — Young, May, 1907. 

While the question of a new site and of raising money for a school 
house may be voted upon in one ballot, it is better practice to vote upon 
them separately.^Young, May, 1907. 

11. Additional powers of meetings in common scliool districts — 
In addition to the foregoing powers, any common school district at 
its annual meeting, or at a special meeting when proper notice has 
been given, may vote a sufficient fund for maintenance of its schools 
and for all other proper purposes, appoint a librarian, and make rules 
for the use and management of the library, and direct the school 
board to make designated improvements to school property, and to 
provide free text-books for the schools. (1309) 

Where at a meeting it was voted to have school kept for a specified 
time, and sufficient funds provided, the trustees are liable to a penalty by 
neglecting, without excuse, to provide the school for the specified time. — 
17 M. 227. 

A common school district has no authority ta loan money raised by 
taxes for the carrying on of its schools. — Young, p. 191. 

11 A. Special school meetings^Upon the written request of five 
freeholders and voters of a district, specifying the business to be 
acted upon, the clerk shall call a special meeting of such district 
upon ten days' posted notice and one week's published notice, if there 
be a newspaper printed in such district, and shall specify in such no- 
tice the business named in such request, and the time and place of 
meeting. If there be no clerk in the district, or if he fails for three 
days after receiving such request to give notice of such meeting, it 
may be called by like notice signed by five freeholders and voters of 
the district. No business except that named in the notice shall be 
transacted at such meeting. (1306) 

The powers of a school district are the same at a special as at an 
annual meeting.— 12 M. 17 (Gil. 1). 

When two requests' or petitions for meetings to consider different mat- 
ters, are filed, it is immaterial which meeting is first called; though the 
natural and orderly course is to call the meetings in the order in which 
requests were filed. — Young, Ma.y, 1907. 



18 POWERS OF ANNUAL MEETING. 

Wlien a petitioji is filed witli the cleric for a special meeting, it is' his 
duty to call such meeting by posted and published notices; and if he fail 
to do so, such meeting may be called by like notices signed by five free- 
holders of the district. It is neither necessary nor proper that the board 
act upon sMch petition or request.- — Young, May, 1907. 

The statute does not designate who is to preside at a special meeting; 
hence a moderator selected to preside is the proper person to preside, the 
same as at an annual meeting; and he is the proper judge of the qualifica- 
tions of voters and to have charge of the polling of the vote; but it is prob- 
a)ile that an appeal from his rulings will lie the same as in the case of 
similar officers. — Young, May, 1907. 



CHAPTER III. 

SCHOOL BOARDS; VOTERS; QUORUM. 

12. Board of common district — The school board of each com- 
mon school district shall consist of a chairman, a treasurer and a 
clerk, whose term of office shall be three years each, and until their 
successors qualify, and one of whom shall be elected annually. At 
the first meeting of the district the chairman shall be elected to hold 
until August 1, following the next annual meeting, the treasurer for 
one year from such date, an(J the clerk for two years. (1312-1313) 

13. Board of independent district — The school board of each in- 
dependent school district shall consist of six directors. At the first 
meeting of the district, six directors shall be elected, two to hoM until 
August 1 following the next annual meeting, and two to hold until 
the expiration of one year, and two to hold until the expiration of 
two years from said August 1; the time which each director shall 
hold being designated on the ballot. 

Within tpn davs ,i(ter (he election of the first school board and 
annually thereafter on the first Saturday in August, or as soon there- 
after as practicable, the board shall meet and organize by choosing 
a chairman, clerk and treasurer, who shall hold their offices for 
one year and until their successors are elected and qualified. They 
may also elect a superintendent, who shall hold office during the 
pleasure of the board. He shall be ex-officio a member of the board, 
but not entitled to vote therein. (1314-1315) 

Where, at a meeting of a school board in an independent district, for 
the purpose of electing a superintendent, the vote results in three votes 
being cast in favor of a candidate, one vote against him, and two mem- 
bers of the board' not voting, the candidate receiving the three votes is 
elected. — Simpson, March 16. 1909. 

It is not the duty of the superintendent of schools, under the law, to 
take action by swearing out a complaint, against school officers doing acts 
in violation of the duties of their respective offices', though, as a general 
proposition, it is incumbent upon all good citizens to bring to attention of 
the prosecuting officer of their county any known violations of law, and 
this rule applies, of course, with equal force, to the county superintendent 
of schools. — Simpson, Feb. 24, 1909. 

There being no provision of law requiring that a written ballot shall 
be taken by a board of education, on the question of electing a superin- 
tendent, an "Aye" and "Nay" vote would be sufficient. — Simpson, March 17, 
1909. 

The proceedings at a meeting of the board of an independent district, 
at which the superintendent is not present by reason of failure to give him 
notice, are valid. — Douglas, p. 129. 

A person selected to act as' chairman or "acting president" of the board 
of an independent district, in the absence of the president, cannot countersign 
orders or warrants. — Young, p. 191. 

The officers of boards in independent districts must be chosen from the 
members of the board. 

14. iVlembers of board, when and liow elected — The officers of the 
board in common districts, and the directors in independent districts 
must be elected by ballot by the electors of the districts at the annual 



20 SCHOOL. BOARDS. 

school meetings, which meetings shall be held on the third Saturday 
of July, at 7 o'clock p. m., unless a different hour has been fixed at 
the preceding annual meeting, upon ten days' posted notice given by 
the clerk and specifying the matters to come before such meeting. 
(1305) 

The time and place of an annual meeting need not be designated at 
the last preceding annual meeting. 12 M. 17. (Gil. 1) 

The term "posted notice" shall mean the posting at the beginning of 
the prescribed period of notice, of a copy of iiie notice or document referred 
to, in a manner likely to attract attention, in each of three of the most public 
places in the district to which the subject-matter of the notice relates, or 
in which the thing of which notice is given is to occur or be performed. 
(Sub. 14, Sec. 5514, R. L. 1905.) 

The election mus,t be by ballot. "An election, therefore, of school dis- 
trict officers by viva voce vote would be irregular and invalid. A person 
elected in this way to office would have no title that he could assert against 
a regular incumbent of the office holding after the expiration of his term. 
And yet a person elected by a viva voce vote, having qualified and assumed 
the duties of the office to which he was elected, would be an officer de 
facto, and his acts as to third persons would be valid. — Wilson, p. 352. 

A notice of meeting over the signature of five or more freeholders, 
qualified electors of the district, but which fails to recite on its face that 
the signers were such freeholders, is not void for want of such recital. — 
45 M. 88. 

15. Voters — To be entitled to vote or hold office in a school dis- 
trict, a person must be a citizen, twenty-one years of age, have re- 
sided in the state six months, and in the election district thirty days 
next preceding the election. 

16. Women — Women may vote for school officers and members 
of library boards, and shall be eligible to hold any office pertaining 
to the management of schools or libraries. Any woman of the age 
of twenty-one years and upward and possessing the qualifications re- 
quisite to a male voter, may vote at any election held for the purpose 
of chosing any officers of schools or any members of library boards, 
or upon any measure relating to schools or libraries, and shall be 
eligible to hold any office pertaining to the management of schools 
and libraries. (Art. 7, Sec. 8, State Constitution.) 

The office of the codnty superintendent of schools is an "office pertaining 
solely to the management of schools." within the meaning of Art. 7, § 8, of 
the state constitution. Section 8, referred to, takes the matter of allowing 
women to vote for, or hold school offices, out from under the provisions 
of the preceding sectio(ns of Art. 7, and leaves it entirely within the con- 
trol of the legislature, subject only to the restrictions contained in §8 itself. 
Under this section the legislature has authority to make women eligible to 
a school office without giving them the right to vote at an election of such 
officer.— State vs. Gorton, 33 Minn. 345, 23 N. W. Rep. 529. Under this 
section women are eligible to the office of county superintendent of schools. 
—Id. 

A woman who is entitled to vote, and is a freeholder, can sign petitions 
and remonstrances respecting the formation and alteration of school dis- 
tricts.— Clapp, Aug. 28, 1888. 

A foreign born woman becomes, under the laws of the United States, 
a citizen when she marries a citizen, and, if married, then when her hus- 



SCHOOL, BOARDS. 21 

band becomes a citizen; and if married to a citizen, she may, if she possesses 
the other necessary qualifications, vote without taking out any naturaliza- 
tion papers; but to entitle her to the rights of citizenship, her husband, if 
foreign horn, must have taken out his full citizenship papers, that is, his 
second papers, so called. — Clapp, April 13, 1887. 

Women may vote upon the question of fixing the site for a school house. 
— Childs', Feb. 21, 1895. 

Women may vote upon the question of the issuance of bonds for the 
purpose of erecting school buildings. — Childs, Feb. 21, 1895. 

Women twenty-one years of age and otherwise eligible are entitled to 
vote at school meetings on question of issuance of district bonds. — ^Douglas, 
April 4, 1899. 

There is no property, qualification required to entitle a person otherwise 
qualified to vote at an annual school meeting upon the question of raising 
money for improvements in the district. The same general qualifications 
maintain as' for general elections. — Simpson, Aug. 3, 1909. 

17. Quorum of electors, and vote necessary to elect — Prior to the 
adoption of Revised Laws 1905, the legal voters of school districts, 
not less than five being present, had power, by a majority vote of 
those present, to elect school officers, but the provisions as to the 
number of voters required to be present and the number of votes 
necessary to elect, were eliminated from the statute, and Revised 
Laws 1905 (1308) provide that: 

The annual meeting shall have power * * * 3 — To elect by 
ballot officers of the district. 

It would seem, therefore, that in the absence of an express statu- 
tory definition, by no longer requiring five, the legislature intended 
to provide that at least three legal voters of the district present at 
the annual meeting, should constitute a quorum, and could elect the 
district officers. And the Attorney General holds that: 

In the absence of a statute expressly requiring a majority of votes cast 
necessary to elect a candidate, the candidate receiving a plurality will be 
elected.— Young, 127, July 24, 1906. 

18. Polls open one hour — The statute provides that at all school 
meetings the polls shall be held open at least one hour. (1305.) 

An election of school officers is not necessarily invalidated on account 
of the polls being kept open less' than the time named in the statute, unless 
it is made plainly to appear that such numbers of voters' were thus deprived 
of the right to vote as would have changed the resuii. — Childs, Aug. 13, 
1895. 

When the polls at a school meeting have been held open for one hour 
and the ballots counted, they cannot thereafter b6 opened and another 
ballot taken, even when there has been no choice. 

At the election of school officers', a plurality of votes only is necessary 
to a choice, and not a majority of all the votes cast under Sec. 1308, R. L. — 
Young, July, 1906. 

A school meeting may be held open until the business is transacted, 
whether it be for an hour or more, under Sec. 1305. — Young, p. 185. 



CHAPTER IV. 

QUALIFYING FOR OFFICE. 

19. Notice of election or appointment — It is the duty of the clerk, 
within three days after the school meeting, when school officials are 
olected, or within three days after the appointment of such officials by 
the school board, to notify them of their election or appointment. 
(1306.) 

20. — Acceptance of office — All persons elected or appointed dis- 
trict officers shall, within ten days after notice of such election or ap- 
pointment, file with the clerk or secretary of the district his accept- 
ance of the office and his official oath, or be deemed to have refused 
to serve, but such filing may be made at any time before action to 
fill the vacancy has been taken. (1318.) 

A person elected clerk must file his, written acceptance within ten days 
after election and notice thereof; but he need not take and file his oath 
within such time; it is' sufficient if he takes it within a reasonable time 
when no action has been taken to fill the office. — 83 M. 194. 

21. Oaths, where filed — Except as otherwise provided by law, the 
oath required to be taken and subscribed by any person shall be filed 
as follows: 

:{: 4: 4: ^ ^ ^ si: 

5. If of a school district officer, with the clerk of the district. 
******* 

Provided, that if the person taking such oath be also required 
to give bond, the oath shall be attached to or indorsed upon such bond 
and filed therewith, in lieu of other filing. (2683.) 

22. Bond of treasurer — Amount — Approval — New bond — Every 
school district treasurer shall give bond to the state in a sum equal 
to twice the amount of money that will probably come into his hands 
during any one year of his term, to be approved by the board and filed 
with the clerk, conditioned for the faithful discharge of his official 
duties. The chairman and clerk may at any time require such treas- 
urer to give a new bond, and, upon his failure to give bond as required 
by this section, they may declare the office vacant, and appoint a suc- 
cessor; provided, however, that if the said bond so furnished by the 
treasurer be that of a surety company, authorized to do business in 
the State of Minnesota, then the amount of such bond shall be equal 
to the amount of money that will probably come into his hands during 
any one year of his term. (1328 as amended by Chap. 95, 1907.) 



QUALIFYING FOR OFFICE. 23 

The. act of the director and clerk of a district in approving the treasur- 
er s bond is one requiring the exercise of judgment and discretion, and is 
tlierefore a judicial act. — 72 M. 37. 

The statute requiring the treasurer's bond to be in double the amount 
of money that shall come into his, hands, means the aggregate amount that 
will come into his hands, and not the probable amount that will be in his 
hands at any one time. — 72 M. 37. 

A bond purporting to be the obligation of one as principal and others 
as sureties, but which has been executed only by the sureties, does' not, 
upon its face, show any obligation on the part of the sureties. — School Dis- 
trict No. 80 vs. Lapping, 100 M. 139. 



CHAPTER V. 

DUTIES OF OFFICERS. 

23. Duties of clerk — The clerk shall keep in books provided for 
that purpose a record of all meetings of the district and the board. 
He shall, within three days after the meeting, notify all persons elected 
upon any school board or as officers of any district of their election, 
and, on or before August 10 in each year, make and transmit to the 
county superintendent a certified report, showing: 

1. The condition and value of school property. 

2. The receipts and disbursements in detail, and such other finan- 
cial matters as may be called for by the state superintendent. 

3. The annual arrangement of terms of school, and the grading, 
if any, thereof. 

4. The names and postoffice addresses of all trustees and other 
officers. 

5. Such other items of information as may be called for by the 
state superintendent. 

He shall enter in his record book copies of all his reports and 
of the teachers' term reports, as they appear in the registers, and 
of the proceedings of any meeting as furnished him by the clerk pro 
tem., and shall keep an itemized account of all the expenses of the 
district; and in cojnmon districts he shall report to the county super- 
intendent the time of commencement of each term at least two weeks 
in advance. He shall furnish to the county auditor or auditors of 
the proper county or counties, on or before October 10 of each year, 
an attested copy of his record, showing the amount of money voted 
by the district or the board for school purposes; shall draw and sign 
all orders upon the treasurer for the payment of money for bills 
allowed by the board for salaries of officers or for teachers' wages, 
to be countersigned by the chairman. Such orders shall state the 
consideration, payee, and fund, and the clerk shall take a receipt 
therefor. Teachers' wages shall have preference in the order in 
which they become due, and no money applicable for teachers' wages 
from the current fund shall be used for any other purpose, nor shall 
teachers' wages be paid from any fund except that raised or appor- 
tioned for that purpose. (1326.) 

The issuance of an order by the clerk of a district to pay the wages' 
of a teacher known by him not to have been licensed to teach, Is an un- 
lawful diversion of the funds of the district, and subjects him to the penalty 
provided by law.— 31 M. 338. 

There Is no provision of law requiring the giving of a bond by the clerk 
of a common school district. — Simpson, May 19, 1909. 



DUTIES OF OFFICERS. 25 

24. Duties of treasurer — The treasurer shall receive and be re- 
sponsible for all moneys of the district, and shall disburse the same 
on orders signed by the clerk and countersigned by the chairman, or 
other vouchers authorized by law. Each order shall state the fund on 
which it is drawn, the name of the payee, and the nature of the claim 
for which such order is issued. He shall keep an account of each fund, 
and of all receipts and disbursements, showing the source of such 
receipts and nature and purpose of such disbursements, and within 
three days preceding the annual meeting shall file with the clerk a 
detailed financial statement of the district, showing all receipts and 
disbursements, and the nature of the same, the moneys on hand and 
the purposes to which the same are applicable, the credits of the dis- 
trict, and its outstanding liabilities, and the nature thereof. Such 
report, together with his vouchers, shall be examined by the board, 
and, if found correct, approved by resolution, entered in the records. 
If incomplete, or inaccurate, a further or amended report may be re- 
quired by the board. Such report, when complete, shall be laid before 
the annual meeting, to be in like manner approved. He shall make 
such further reports as may from time to time be called for by the 
board, and shall perform all duties usually incumbent on such oflBcer. 

Every order drawn for the payment of teachers' wages, and for 
any other lawful purpose, after having been presented to the treasurer 
for payment, and not paid for want of funds, shall be endorsed by the 
treasurer by putting on the back thereof the words, "Not paid lor 
want of funds," giving the date of indorsemenx and signed by the 
treasurer. A record of such presentment, non-payment and indorse- 
ment, shall be made by the treasurer. Every such order shall bear 
interest at the rate of 6 per cent per annum from the date of present- 
ment, until the treasurer serves a written notice upon the payee or 
his assignee, personally, or by mail, that he is prepared to pay such 
order; such notice may be directed to the payee or his assignee at the 
address given in writing by such payee or assignee to such treasurer, 
at any time prior to the service of such notice; no order shall draw 
any interest if such address is not given when the same is unknown to 
the treasurer. (1327 as amended by Chap. 445, Sec. 2, 1907.) 

When the treasurer has lost district funds by burglary, without his own 
fault, he and his bondsmen are liable for the loss; and a vote of the dis- 
trict to discharge him from the obligation is of no effect. — 44 M. 427. 

The treasurer of a district is not required to allow certificates of deposits 
to remain on deposit in the bank which isstied them; but he may convert 
them into money if he desires. — 98 M. 535. 

The treasurer who mingles school funds with his own, but who Is able 
and willing at all times to pay all legal orders of the district, and accounts 
for all money received during his term at the end of his; term, Isi not liable 
after such accounting and after the end of his term. — 98 M. 535. 

The practice of county treasurers redeeming district orders out of dis- 
trict funds on hand. Instead of paying those funds over to the dIstrSctt 
treasurer, is reprehensible as liable to abuse, and ought to be discontinued. 

"Has the treasurer authority to recognize by payment an order signed 
by the clerk only?" It will be observed that It is only when attested by 



26 DUTIES OF OFFICERS. 

the director that the treasurer is authorized to pay. Paragraph 93 (Sec. 71) 
provides for the payment of orders signed by the director alone in case of 
the absence, inability or refusal of the clerk to draw orders. — Hahn, p. 509. 

The law implies that the books and moneys shall be turned over to the 
newly elected treasurer at once, when he shall have qualified, and refusal 
on the part of the old incumbent to thus comply with the law would sub- 
ject him to prosecution. It is embezzlement for a school district treasurer 
to refuse to account to his successor in office and withhold from him the 
moneys of the district. ^Childs, June 7, 1893. 

A person who executes any of the functions' of a public office without 
having executed and duly filed the required security is guilty of a mis- 
demeanor, and in addition to the punishment prescribed therefor, he for- 
feits his right to the office. — Penal Code. 

A failure on the part of a treasurer-eleot to execute a bond within 
the required time makes it the duty of the director and clerk to appoint 
another treasurer. — Childs', July 8, 1892. 

There is no provision of law for a deputy district treasurer. Removal 
of the treasurer from the district creates a vacancy in the office whidh 
should be filled by appointment. — Donahower, p. 137. 

Under Sec. 1327, R. L., the treasurer of a district is legally and morally 
responsible for all money of the district in his hands. He should not in- 
termingle such money with his own. If he deposits such money in a bank 
which pays interest thereon, the interest belongs to the district. He cannot 
speculate or make profit out of such funds'. — Young, p. 386. 

Under Sec. 1327, R. L., the treasurer of a district is authorized to pay 
out money only upon orders signed by the clerk and countersigned by the 
chairman; and if he wilfully violates this provision, he may be punished 
under Sec. 4796, R. L., or called to an accounting in a civil action. — Young, 
p. 203. 

Under Sec. 1327, R. L,, the treasurer must submit a detailed statement 
of the finances of the district to the board three days before the annual 
meeting; and such statement should be examined by the board and, when 
complete, should be laid before the annual meeting for approval. If the 
board is not satisfied with such statement, or has' reason to believe it is not 
correct, it may bring suit upon the bond of the treasurer and try the whole 
matter in court. — Young, p. 387. 

The law does not provide that school orders presented to the district 
treasurer, and indorsed "Not paid for want of funds," shall be paid by the 
treasurer in the order in which they have been refused, when there atr*e 
available funds in the treasury for the payment of such orders, but it is 
suggested that that course of procedure should be fofiowed, and the orders 
redeemed in the order in which they have been presented and refused, unless 
there is some good reason for contrary action. — Simpson, May 19, 1909. 

25. Duties of chairman — The chairman, when present, shall pre- 
side at all meetings of the board and of the district, except when a 
moderator has been chosen; shall countersign all orders upon the 
treasurer for claims allowed by the board; shall represent the district 
in all actions; and shall perform all the duties usually incumbent on 
such officer. 

In case of absence, inability or refusal of the clerk to draw or- 
ders for the payment of money authorized by a vote of the majority 
of the board to be paid, the orders may be drawn by the chairman, 
and paid by the treasurer, a statement thereof, with a copy of such 
orders, being delivered to the clerk by the treasurer, or the office of 
the clerk may be declared vacant by the chairman and treasurer, and 
filled by appointment. (1330 as amended by Chap. 445, Sec. 3, 1907.) 



DUTIES OF OFFICERS. 27 

26. Duties of superintendent — The superintendent in independent 
or special districts shall visit the schools of the district, and exercise 
a general supervision over them, and report their condition to the 
board, with proper recommendations, when he deems it advisable, or 
when requested by the board. He shall superintend the grading of 
the schools and examinations for promotion, and shall perform such 
other duties as the board shall prescribe. He shall make, either di- 
rectly to the state superintendent, or through the county superintend- 
ent, such reports as shall be required. (1331.) 



CHAPTER VI. 

COMPENSATION OF SCHOOL OFFICERS. 

27. Compensation of clerks of common districts — The clerk of 
each common district shall be paid at the rate of two per cent of the 
cash disbursements for the year, upon making his annual report to 
the superintendent as required by law accurately and in proper time; 
but such compensation shall not exceed six dollars in any one year, 
unless a greater compensation has been voted at a meeting of the dis- 
trict upon a notice stating that action would be had at such meeting 
respecting such increase of compensation. Such payment shall be 
made by the treasurer upon a certificate of the superintendent that 
such clerk is entitled thereto. (1332.) 

28. Compensation of treasurer — common districts — The treasurer 
of such district may receive as compensation such an amount as may 
be determined at the regular school meeting of the district not ex- 
ceeding 2 per cent of amounts disbursed by him during the year and 
to be allowed only after his annual report shall have been approved 
by the board. (1333.) 

Under Sec. 1313, R. L., the compensation of the treasurer is limited to 
the sum voted him by the district, not exceeding two per cent of the 
amounts disbursed by him during his term of office. He is not entitled 
to percentage on sums disbursed by his predecessor. — Young, p. 887. 

Under Sec. 1332 and 1333, R. L., a clerk of a common district is entitled 
to no more than $6 per year compensation, unless more is voted him at 
a meeting of the district, held upon notice stating that action will be taken 
at such meeting on such increas^e of compensation. The treasurer is' entitled 
to two per cent on the amounts disbursed by him, but only after approval 
of his annual account by the board. A director is not entitled to compensa- 
tion.— Young, p. 202. 

29. Same — Independent districts — Other pay prohibited — The 
clerk, treasurer, and superintendent of independent districts shall re- 
ceive such compensation as may be fixed by the board. No officer 
or member of any school board shall receive pay as such, except as 
provided in this chapter. (1334.) 

There is no law authorizing the payment to a director (now chairman) 
of a school district, of any salary as' such, and it Is not competent for the 
electors at the annual meeting, or at any other time, to vote and provide 
for paying such a salary. The clerk is not warranted in drawing an order 
for the same, nor is the treasurer justified In paying such an order from the 
school district funds. Any money so paid to a chairman may be recovered 
by proper proceedings on behalf of the district. — Simpson, April 13, 1909. 

For attending a meeting of school district officers called by the super- 
intendent of schools, a school district officer will not be entitled to com- 
pensation to exceed the one day provided for by law, together with his 
travel allowance of five cents a mile, and cannot collect for the time re- 
quired In traveling from his home to the place of meeting, and return. — 
Simpson, May 29, 1909. 



CHAPTER VII. 

QUORUM IN SCHOOL BOARDS. 

30. Quorum — A majority of the school board shall constitute a 
quorum, but no contract shall be made or authorized except at a meet- 
ing of the board of which all members have had legal notice. (1319.) 

Contracts, to be binding on the district, must be made or ratified by 
at least a majority of the board after notice and an opportunity to all 
the trustees to take part in the matter. — 35 M. 163. 

To bind the district, a contract for supplies by two trustees must be 
authorized or ratified at a meeting of the trustees; but if such isupplie|s 
are received and used by the district for such a length of time as to raise 
the presumption that it was with the common consent of the district, it 
will be bound to pay for them.^37 M. 96. 

When two of the trustees employ one to perform work for the district, 
and such action is ratified by the full board, such employe may recover 
of the district, notwithstanding the work was for a new school house whe^n 
no site had been lawfully selected by the voters, and the trustees' were not 
authorized to build the school house. This is based upon the law that 
trustees who act within the scope of their authority, bind the district; and 
the burden of proving excess of power is' upon the district. — 93 M. 409. 

Director or trustee may not be a party to a contract with the district. 
Currie vs. School District, 36 Minn. 163, 27 N. W. Rep. 922. In order to 
bind the district, contracts must be made or ratified by at least a majority 
of the board, after notice and opportunity to all of the trus'tees to participate 
in the transaction.— Id. 

When one member of boara refuses to assent to contract by majority, 
he may be compelled to by law. — Cornell, p. 260. 

There is no authority on the part of the individual members of a board 
to make a contract for the purchase of books in any other manner than 
when convened as a board. — Childs, Sept. 1, 1893. 

When a part of the members present refuse to vote at all, a vote may 
be legally decided by a majority of those actually voting, though they do 
not constitute a majority of the whole number present. This rule rests 
upon the principle that members present and not voting will be deemed 
to assent to the action of those who did vote. — Simpson, March 17, 1909 



CHAPTER VIII. 

SCHOOL BOARDS— THEIR POWERS AND DUTIES. 

31. Powers and duties of school board— Tbe school board shall 
have the general charge of the business of the district, and of the 
schoolhouses and the interests of the schools thereof, and shall: 

1. When authorized by the voters at a regular meeting, or a 
special meeting called for that purpose, may acquire necessary sites 
for school houses by lease, purchase or condemnation under the right 
of eminent domain; erect, lease or purchase necessary schoolhouses 
or additions thereto; and sell or exchange such schoolhouses or sites, 
and execute deeds of conveyance thereof. In any city or village such 
site, when practicable, shall contain at least one block, and, if out- 
side of any city or village, two acres; and, when any schcolhouse 
site shall contain less than such amount, the board shall, if prac- 
ticable, acquire other land adjacent to or near such site to make, 
with such site, such amount. 

2. Purchase, sell, and exchange school apparatus, furniture, 
stoves, and other appendages for schoolhouses. 

3. Provide proper outhouses for the schools, plant shade trees 
and shrubbery, and otherwise improve "school sites, procure insurance 
on school property, and make proper ordinary repairs thereon. 

4. When necessary, lease rooms for school purposes. 

5. Employ and contract with necessary, qualified teachers, and 
discharge the same for cause. 

6. Provide for the heating and care of schoolhouses and rooms. 

7. Provide for the payment of all just claims against the district 
in cases provided by law. 

8. When directed by a vote of the district, or when the board 
deems it advisable, adopt, contract for, and purchase text-books need- 
ful for the schools of the district, and provide for the free use of such 
books by the pupils of such schools, or their sale to them at cost; 
but no such adoption or contract shall be for less than three or more 
than five years, during which time such books adopted shall not be 
changed. 

9. Defray the necessary expenses of the board, including three 
dollars per day for attending one meeting of the school boards of the 
county in each year, when called by the county superintendent, and 
five cents per mile in going to and returning from such meeting, and 
pay for such record books, stationery^ and other incidental matters 
as may be proper. 

10. Superintend and manage the schools of the district, adopt, 
modify, or repeal rules for their organization, government, and in- 



SCHOOL BOARDS— THEIR POWERS AND DUTIES. 31 

struction, and for the keeping of registers, prescribe text-books and 
courses of study, and visit each school at least once in three months. 
11. In all proper cases, prosecute and defend actions by or against 
the district. (1320.) 

Where a note for a dis.trict debt is signed by the trustees without 
official designation, and the purpose of it is equally known to the payee, 
the trustees are not personally liable; but if it be doubtful from an inspec- 
tion of the note itself whether the trustees intended to assume personal 
liability, the intention may be shown by other evidence. — 4 M. 126 (Gil. 83). 

A promissory note given by trustees', to be a valid note of the dis- 
trict, must be given for a debt the trustees had authority to contract. — 5 M. 
280 (Gil. 221). 

A promisSiOry note given by trustees must show upon its face that it 
is the note of the district; otherwise it is the note of the trustees. 6 M. 578 
(Gil. 412). 

A promissory note, signed individually by the trustees makes the trustees 
prima facie personally liable; and the burden is upon them to show it is a 
valid note of the district.— 13 M. 106 (Gil. 96). 

The district, and not the trustees, is liable on a promissory note made 
by the trustees as such for a debt of the district. — 14 M. 214 (Gil. 153). 

Where, at a meeting, it is voted to have school kept for a specified time, 
and sufficient funds are provided, the trustees are liable to a penalty for 
neglecting, without excuse, to provide the school for such time; and the 
action to enforce the penalty may be brought by a director or a free- 
holder in his' own name. — 31 M. 227. 

A trustee cannot enter into a contract with the other trustees for serv- 
ices or supplies to the district for a compensation; and the fairness of such 
a transaction cannot be considered. — 35 M. 163. 

The school house of a district is not subject to a mechanic's lien. — 39 M. 
298. 

A school district is not liable for money borrowed by its trustees to com- 
plete a school house, without authority, even though it receives the benefit; 
and no ratification can be inferred from its enjoyment of the improve- 
ment for it has had no opportunity to reject. — 54 M. 385. 

"V\'hen orders have been legally is'sued by the trustees, payable gen- 
erally and not out of a particular fund, the district is liable and must pro- 
vide funds to pay them. — 91 M. 41. 

When the trustees act within the apparent scope of their authority 
the burden of proving an excess of authority is upon the one alleging it. — 
93 M. 409. 

The trustees have power, prior to the annual meeting, to employ a 
teacher for the ensuing year, and to bind the district for at lea.st five 
months and for such further time as shall be fixed by the voters, at such 
annual meeting. — 93 M. 411. 

Where there were sufficient funds on hand therefor, the board of trustees 
on their own motion caused a well to be dug and a pump placed over it 
for the use of the school.- Held, that the board had no authority to make 
expenditures' of public money for such a purpose until authorized by the 
voters of the district at a properly called meeting. — Childs, Aug. 24, 1893. 

A contract made by the board of trustees with one of their number 
is void. Where one attempts to act in a fiduciary capacity for another, the 
law will not allow him while so acting to deal with himself in his individual 
capacity. — Hahn, p. 486. 

The law provides that "the board of trustees shall have the general 
charge of the interests' of the schoolsi." If there are funds on hand not 
designated by vote of the district to any specific purpose, and not needed 
to meet matured or maturing claims of teachers, such funds may be used 



32 SCHOOL BOARDS— THEIR POWERS AND DUTIES. 

by trustees to purchase any articles necessary, in tlieir judgment, lo tlie 
"interests of tlie scliool." — Wilson, p. 367. 

"When a school district votes' to build a school house, designates site 
and provides funds for the purpose, the trustees of the district are charged 
with the duty of executing the will of the district in the premises." — Start, 
p. 425. 

If the trustees have contracted for a school for more than five (5> 
months without special authority from the district, the legal voters at any 
special or general meeting may ratify such action, and levy a tax for the 
payment of teachers so employed. If they refuse to do this, the teacher 
would very likely be without remedy. 

Trustees of school districts are public agents, and when they in good 
faith contract with parties having full knowledge of the extent of their 
authority, or who have an equal means of knowledge with themselves, they 
do not become individually liable unless the intent to incur a personal liability 
is clearly expressed, although it should be found that through ignorance 
of the law they may have exceeded their authority. Any knowledge of 
a defect in their authority, accessible to them but not to the teacher, 
would probably fix a liability on them. — Cole, p. 102. 

"Have school district trustees power to hire money to build a school 
house?" I think not. Corporations, and especially quasi corporations, have 
only those powers specifically granted to them by statute, and such others 
as are necessary for carrying into execution those specifically conferred. By 
Sec. 52, School Laws, the trustees are authorized "to build, hire or purchase 
a school house, out of funds provided for that purpose." 

The law requires school to be taught in the district at least five months', 
and the trustees cannot safelj' ignore that provision, notwithstanding the 
action of the district. The district having neglected to vote the requisite 
tax, it is the imperative duty of the trustees to levy the same. — Clapp, Sept. 
24, 1888. 

Trustees may employ more than one teacher if district has funds, not- 
withstanding an adverse resolution voted by the district. — Wilson, p. 354. 

It is the special business of the trustees to employ teachers. The voters 
of the district may, in their individual or collective capacity, advise the 
trustes as to their wishes, but cannot control their action. — ^Wilson, p. 354. 

"Is the employment of a teacher by the treasurer and clerk of a school 
district, without any notice to the director, and without any meeting be- 
ing held, legal?" I answer that it is not. — Hahn, p. 536. 

A contract made with a teacher who does not hold a certificate which 
is valid in the district where he is to be employed, is void, and a certificate 
cannot be dated back to cover services, rendered before it was granted. — 
Jenness vs. School District 31, Washington County, 12 Minn. 448. 

When a teacher is employed to teach for a specified time and the school 
is interrupted necessarily, but by no fault of the teacher, who is always 
ready to fulfill the contract, the teacher, after the expiration of the time, 
may maintain an action against the district for the entire amount of wages. 
If, however, the district can show that during the whole or a portion of the 
time the teacher was engaged in similar employment, or was offered such 
employment and refused it. the damage may be reduced. — Cole, p. 87. 

If in the opinion of the trustees the services of more than one teacher 
are. demanded by reason of the numbers in attendance at a district school, 
an additional teacher may be employed, the board keeping within the means 
provided by the district. — Wilson, p. 354. 

A contract made with a teacher before he has secured a certificate is 
void, and a subsequent issuance of a certificate will not make the same 
valid. This applies alike in common, independent and special districts. 

"Have school boards authority to engage teachers for the following year 
before the annual meeting?" It matters not whether it is before the an- 
nual meeting and the election of the new member or not. The trustees may, 



SCHOOL BOARDS— THEIR POWERS AND DUTIES. 33 

either before or after the annual meeting and without express authority 
from the district, contract for the term required by law, and no more. — 
Hahn, p. 53S; Start, p. 436; Cornell, p. 159. 

If a teacher holds a valid certificate' at the time of making a contract 
which extends beyond the life of the certificate, such contract is good, and 
will remain so as long as the teacher is in possession of a valid certificate 
and until the contract expires by its own terms.— Clapp, Oct. 12, 1891. 

Teachers' cannot enforce verbal contracts which the law requires to be 
in writing. — Douglas, Jan. 4, 1901. 

The law establishes the school age between five and twenty-one years, 
subject to the authority granted the board of trustees to fix the minimum 
age at six years. — Douglas, Aug. 17, 1900. 

A school board has power to rent rooms for a schojol if the school 
building is inadequate; it also has power to repair the school hous.e, but 
has no right to so enlarge and repair it as to constitute a re-building or 
to make a new and larger one out of it. The building of a new school 
house must be voted on at a school meeting. — Donahower, p. 129. 

The geiieral control of schools is in the board; and if t^e superintendent 
and teachers establish rules oi discipline and school work to the disadvan- 
tage of the welfare of the school, the board has power to change them. — 
Douglas', p. 129. 

Member's of the board and teachers cannot, directly or indirectly, be 
financially ii.^erested in sales, leases or contracts relating to district prop- 
erty; and if they do become so interested, they are guilty of misdemeanor 
and may be prosecuted or restrained. — Donahower, p. 133. 

Members of a school board canot legally do work of repairs on a 
school house and draw pay therefor. — Young, June, 1907. 

A school board has no authority to sell a school building unless author- 
ized by the voters at a regular or special meeting called for the purpose; 
construing section 1320, R. L. — Young, Dec, 1906. 

School boards are not corporate bodies', but rather resemble directors of 
a corporation. The school district is the corporation. Contracts of Insur- 
ance of school property should run to the district. A member of the board 
cannot be interested individually, as agent or otherwise, in a contract of 
insurance on school property. — Young, p. 182. 

The school board of a common district in making contracts with teachers, 
can bind the district for only five months; and in case contracts are made 
for a longer period, they will be valid for five months and for such longer 
time as shall be ratified at a meeting of the district. — Yoi'ng, p. 179. 

School boards have no authority to employ teachers who do not hold 
certificates, and the district continue to draw state apportionment money. — 
Young, June, 1907. 

Money received from the state apportionment of funds, cannot be used 
by a district to build a school house; but money received from the one mill 
tax and any balance of money raised for a specific purposej, after s'uch 
purpose has been accomplished, may be usied for building a school house 
after the voters have so decided at an annual or special meeting. — Young, 
June, 1907. 

A member of a school board who renders services' and expends his own 
money in goad faith in looking after the building of a school house, has a 
valid claim for such services and advancement, provided the voters at the 
annual meeting voted to pay him; but probably he is not entitled to 2 per 
cent of the cost of the building. — Young, Oct., 1906. 

Under Sec. 1320, Sub'n 11, R. L., the board may prosecute an action 
against the treasurer when he refuses or fails to turn over to his successor 
in office any portion of the district funds in his hands. — Young, p. 385. 

A school board has no: authority to pay a director foi* services; and if it 
has paid for such services, any taxpayer may maintain an action for its 
recovery for the benefit of the district; if the money has not been paid, he 



34 SCHOOL BOARDS— THEIR POWERS AND DUTIES. 

may maintain an action to restrain such payment; citing 77 M. 526; 88 M. 
127.— Young, July, 1906. 

School boards are neither authorized nor justified in expending money 
for the services of an expert accountant to examine the bool\s of the dis- 
trict. — Young, May, 1906. 

The school board, after the district has voted an eight months' school, 
may contract with a teacher for eight months at any time prior to a change 
in the length of the term by a vote of the district. — Young, p. 193. 

There is no provisio« of law relating to roads to school sites' or build- 
ings. Such roads must be laid out as other roads under Sec. 1171 and 1181, 
R. L.— Young, July, 1906. 

Though on account of the low assessed valuation of the property in 
the township, there is not sufficient money to keep the schoiols in session 
for the length of time voted at the annual meeting, and though one school 
is greatly overcrowded, the schooil board cannot rent another room and hire 
another teacher, incur the necessary expenses, and issue orders in payment 
of same, when such orders cannot be paid during the current school year, 
without a vote of the people. — Yoiung, Oct. 27, 1908. 

A school board has power to adopt such reasonable rules and regula- 
tions as contribute to the moral, physical and intellectual welfare of the pu- 
pils attending school, and a rule to the effect that a pupil convicted of smok- 
ing on the streets or in public places might be expelled, by the board, from 
school, would be a reasonable rule and one which could be enforced by the 
board. — Simpson, Dec. 8, 1909. 

Rules and regulations, whether made by the board, or made by the 
teacher and afterward ratified by the board, must be reasonable, and the 
courts have held that a rule is reasonable under which a pupil may be sus- 
pended or expelled if he wilfully injures or destroys school property^, for 
this' would be a punishment for breach of discipline. But it is also heild 
that a rule which causes a pupil to stand suspended o(r expelled until he 
pays for the injury caused by him to school property, or until he pays a 
fine which may be assessed against him for such injury, is unreasonable 
and void, because in such a case he would be suspended or expelled, not 
because of the injury caused by him, but becaus.e he did noit pay the dam- 
ages or the fine. — Young, May 27, 1908. 

If, in the opinion, and according to the best judgment of the board, 
especially when such opinion and judgment are based upon experience and 
actual results, the board determines that the attendance by the pupils of 
the school at public dances interferes with the regular school work of those 
participating in the same, and is injurious to the best interests of the 
school in general, the board can, by adopting a rule, prohibit such attend- 
ance. But the rule adopted must be a reasonable one under all the circum- 
stances, and if suspended for violating such a rule, a pupil can have the 
court determine whether the rule is a reasonable one and such as' can be 
enforced, or is arbitrary, and therefore null and void. — Simpson, April 21, 
1909. 

It is not the duty of a school board to build a barn upon or near the 
school premises, for the accommodation of the horses of the children living 
at a distance from the school, nor can the board be compelled to build such 
a structure.^ — Simpson, Oct. 6, 1909. 

Although the law does not expressly provide for the advertising for bids 
prior to letting a contract by the board for building a school house, such 
course is by all means advisable, and a two weeks' publication in an avail- 
able newspaper is suggested, to the end that due publicity may be given 
of the fact that the district is desirous of receiving bids for building (a 
school house, and that by s,uch action as favorable a price as possible may 
be secured. — Simpson, July 22, 1909. 



SCHOOL BOARDS— THEIR POWERS AND DUTIES. 35 

32. Additional powers of board — The school board may also: 

(1) Provide for the admission to the schools of the district, of 
non-resident pupils, and those above school age, and fix the rates of 
tuition for such pupils. 

Provided, in case a person has real property in, and pays taxes 
thereon, in a common or an independent school district other than 
the one in which he resides, then such person shall be admitted to all 
the benefits of such other school, the same as the residents thereon, 
and if the ov/ner of less than 80 acres therein, he shall be admitted 
to all the benefits of said school the same as residents therein, upon 
conforming to such reasonable terms for tuition as the board of edu- 
cation of such school district may have established for non-residents, 
except that he shall be entitled to have the amount of school taxes 
which he pays to the support of said district applied in payment or 
said tuition fees. 

Provided, further, that nothing in this act shall be so construed 
as to authorize any person who may receive any of the benefits or 
privileges of this act, to vote at any school district meeting of the 
school district within which he may receive such benefits or privileges, 
but of which he is not a member. 

(2) Establish and organize, alter and discontinue, such grades 
of schools as they may deem expedient. 

(3) Upon a petition of a majority of legal voters, authorize the 
use of any schoolhouse in the district for divine worship, Sunday 
schools, public meetings, elections and such other similar piirposes 
as, in their judgment will not interfere with its use for school pur- 
poses; but before permitting such use, the board may require the bond 
of some responsible party, in the penal sum of one hundred dollars, 
conditioned for the proper use of such school house, the payment of 
all rent, and the repair of all damage occasioned by such use, and 
they shall charge and collect for the use of the district from the per 
sons using such school house, such reasonable compensation as they 
may fix. (1321 as amended by Chap. 445, Sec. 1, 1907.) 

Divine Worship, Etc. — This statute was evidently intended to cover cases 
where the school house was actually rented to some person or society which 
had no connection with the school or its management. It was never intended 
to be used as a cloak or subterfuge to enable the school trustees to use the 
school house and the teacher employed therein with public school moneys 
to conduct religious worship in connection with such school. 

(4) Subject to such rules and regulations as they shall adopt; 
provide for the free transportation to and from school, at the expense 
of the districts, of all pupils residing more than one-half mile from 
the school house, for the whole or such part of the school year as they 
may deem expedient; and in school districts situated in more than 
one county shall provide such transportation during the months of 
October, November, December, January, February, March and April, 
for all pupils residing two miles or more from the school house, and 
who are not less than six years of age nor more than sixteen years 
of age; and shall require from every person employed for that pur- 



36 SCHOOL BOARDS— THEIR POWERS AND DUTIES. 

pose a reasonable bond for the faithful discharge of his duties, as 
prescribed by the board." (Sec. 4, Chap. 445, 1907, as amended by 
Chap. 472, 1909.) 

(5) Make rules and regulations respecting the protection of the 
property of the district, and prescribe penalties for a breach thereof, 
to be recovered for the use of the district as penalties in other cases, 
before a justice of the peace, and change or repeal such rules. (1321, 
as amended by Chap. 445, Sec. 1. 1907.) 

The question of whether a person is an actual resident of a school 
district is one which depends upon the facts in the case. — 91 M. 268. 

The board has sole power to admit non-resident pupils to the school. 
NO'n-residents cannot attend without its permission, and it may withdraw 
such permission at any time. — Young, p. 196. 

Under Sec. 1321, R. L., the board has the sole power to fix the rate of 
tuition for non-resident pupils. It may take into consideration the relations 
of such non-residents to the district; and if such non-residents' pay taxes 
in the district, it may fix a lower or nominal rate of tuition in their cases. — 
Young, p. 200. 

The right of a child to free tuition depends upon the residence of such 
child without regard to the residence of its parents. If such child coimes 
into the. district for the mere purpose of attending school, the board may, 
in its discretion, charge tuition, or exclude him altogether. On the other 
hand, a child who actually resides in the district is entitled to s,chool privil- 
eges without charge. The question of actual residence is one to be deter- 
mined from all the facts in each case. — Young, p. 177. 

Under Sec. 1321, R. L., a parent or guardian may send his children to 
any school he pleases, either in the district of his residence, or in another, 
by complying with the regulations of the board of such other districts' as 
to tuition, etc. — Young, p. 201. 

The school board may charge non-resident pupils the cost price of books 
and supplies used by them. — Young, p. 196. 

The privilege, extended to the owner of land in a school district in 
which he does not reside, of having the amount of tax paid by him on his' 
land applied on the tuition of his children in case he wishes to send them 
to the school of such district, does not extend to the tenant or renter on 
such land. — Young, p. 207. 

Pupils attending school in a district of which they are not residents', 
registered as paying book-rent, shall not be counted for drawing apportion- 
ment, under Sec. 1321 and 1346, R. L.— Young, p. 185. 

The matter of attendance of non-resident pupils, is to be governed by 
the school board of the district where such pupils wish to attend, under 
Sec. 1321, R. L.— Young, p. 178. 

One owning more than eighty acres of land in a district of which he is 
not a resident, is entitled to send his children to school in such district 
without paying tuition; but if he owns less than eighty acres, he shO'Uld 
be admitted to all benefits of such district upon conforming to such reason- 
able tuition charges as the board has established for non-residents, and is 
entitled to have the school taxes he pays to support such district applied 
upon tuition. In either case he is not entitled to vote at the meetings of 
the district; construing chapter 445, Laws 1907. — Young, May, 1907. 

33. Instruction of pupils in adjoining district — The school board 
of any district, if it deem it advisable, may provide for the instruction 
of pupils in an adjoining district or districts, and in such case shall 
discontinue the schools of the district and provide for free transporta- 
tion of the pupils of its district, shall furnish the teachers of the ad- 



SCHOOL BOARDS— THEIR POWERS AND DUTIES. 37 

joining districts registers, and such teachers shall keep such registers 
separately for the pupils from such district discontinuing its schools, 
and shall return such registers and make reports to the clerk of such 
district and to the superintendent as if employed as teachers therein, 
and such district shall retain its organization and be entitled to pub- 
lic money as if school were continued therein. (1322.) 

34. Additional powers of boards in independent districts — The 
school board of any independent district may also: 

1. Establish and maintain public evening schools as a branch 
of the public schools, and such evening schools, vs^hen so maintained, 
shall afford a continuous session of not less than two hours on each 
school day, shall be available to all persons over ten years of age who 
from any cause are unable to attend the public day schools, and at- 
tendance at such evening schools shall entitle such district maintain- 
ing the same to its pro rata apportionment of state school funds for 
all pupils not over twenty-one years of age, the same as if such pupils 
attended the dav schools of such district. Except as herein provided, 
such evening schools shall be under the same regulations as day 
schools of like grade. 

2. Establish and maintain one or more kindergartens for the 
instruction of children above four and under six years of age. 

3. Receive, for the benefit of the district, bequests, donations, or 
gifts fior any proper purpose, and apply the same to the purpose 
designated. 

4. Remove for proper cause any member or officer of the board 
and fill the vacancy; but such removal must be by a concurrent 
vote of at least four members, at a meeting of whose time, place 
and object he has been duly notified, with the reasons of such pro- 
posed removal, and after an opportunity to be heard in his own de- 
fence. (1323) 

35. Special duties of boards in common school districts — The 
school board of every common school district shall submit to the 
annual school meeting an estimate of the expenses of the district for 
the coming year for a five-months school, and for such further time 
as it may be decided by the meeting to hold school, and for such 
other specified purposes as the board may deem proper, and, if such 
meeting shall fail to vote a sufficient tax to maintain a school for 
such time, the board shall levy such tax; but no such school board 
shall expend any money or incur any liability for any purpose be- 
yond the sum appropriated by vote of the district for such purpose, 
or levied by the board pursuant to this section, or on hand and ap- 
plicable thereto. When the district has decided by vote at any legal 
meeting to open more than one school, the board shall provide for 
opening such school or schools, and assign to each a proper number 
of pupils. (1324) 

36. Special duties of boards in independent districts — In addition 
to the duties hereinbefore imposed, the school board of each inde- 
pendent school district shall: 



38 SCHOOL BOARDS— THEIR POWERS AND DUTIES. 

1. Make, and, when deemed advisable, change or repeal, rules 
relating to the organization and management of such board and the 
duties of its officers. 

2. Provide by levy of tax necessary funds for the conduct of 
schools, the payment of indebtedness, and all proper expenses of the 
district. (1325) 

In an independent district, the board, and not the electors, should deter- 
mine the length of schooJ to be held; under Sec. 1325. — Young, p. 181. 

36 A Text-books — Lists and samples — Before any person shall 
enter into a contract with any school board to furnish text-books, he 
shall file with the state superintendent a list of his books, with, their 
lowest net price, and deposit with him a copy of each such book, in 
binding, paper, print, and matter such as he proposes to furnish at 
such prices. The state superintendent shall furnish a copy of all 
such lists and prices to the clerk of each district. (1427) 

36B. Free text-books — Meeting — Notice — "V^Hienever five or more 
legal voters of any school district shall petition the school board 
to submit to such district the question of providing free text-books 
to pupils attending its schools, it. shall be the duty of such board 
to submit the same to the legal voters of such district. Such question 
may be submitted at a special meeting by giving 'ten days' notice 
thereof, or at any annual meeting. But in any case the notice of 
such meeting shall call attention to the fact that such question will 
be submitted, and in case a majority at such meeting shall vote 
in favor of such free text-books, it shall be the duty of the board 
to provide the same. (1428) 

Proposition to issue free text-books must be stated in notice calling 
annual or special school district meeting. — Douglas, Sept. 9, 1899. 

Boards of trustees may levy a tax to pay for free text-books if it is 
not voted by the people. — Childs, June 27, 1893. 

The board of an independent district has power to establish a system 
of free text-books without a voite of the district; but it may submit the 
question to a vote.^ — Douglas, p. 129. 

When the board has selected, adopted and contracted for books which 
cover a certain subject, such books must be used to the exclusion of others 
during the time for which they are adopted, but if other books' on the 
same subject are required, they may be contracted for, provided it is in 
accord with the prior action in force. The board has power to contract 
for books only with publishers who have complied with the law by filing 
schedules of lists and prices. — Douglas, p. 131. 



CHAPTER IK 

VACANCY. 

37, Vacancies in Scliool Boards — How Filled — A vacancy in any 
school board or board of education elected by the people shall be filled 
by the board at any legal meeting thereof until such vacancy can be 
filled by election at the next annual meeting. Such appointment 
shall be evidenced by a resolution entered in the minutes. All 
elections to fill vacancies shall be for the unexpired term. (1.316) 

When a member of the board has removed from the district, his' office 
is vacant; and the vacancy thus occasioned may be failed by the remaining 
members of the board, and the person appointed will hold office until the 
next annual meeting, construing section 1316, R. L. — Young, Dec, 1906. 

In case of a tie vote at an annual school election for officers, a second 
ballot cannot be taken, but a vacancy exists in the office, which vacancy 
can be filled by appointment by the school board; but if the board shall 
fail for ten days to fill such vacancy, a special meeting will be called for 
that purpose, by ten days' posted notice, signed by three qualified voters, 
or freeholders of the district, and setting forth the object of the meeting. — 
Young, 59. 

38. Special election to fill vacancy — It the board shall fail for len 
days to fill any vacancy, a special meeting m.ay be called for that 
purpose by ten days' posted notice, signed by three quallifled voters, 
freeholders or householders of the district, and setting forth the 
object of the meeting. Officers elected at such meeting shall hold 
for the unexpired term, but no such meoting shall be held within 
thirty days before the annual election. (1317) 

It is not mandatory that the board fill a vacancy within ten days; and 
they may fill it at a later time, but should not do sol after ten days' and 
after a meeting for the purpose of filling such vacancy has been called by 
three qualifled voters. The vacancy should be filled as provided in section 
1316, R. L.— Young, May, 1907. 

Where, at an annual school meeting, there were two candidates for dis- 
trict clerk, and each received twenty-two votes, the ballot resulted in no 
election, thus causing a vacancy in the office of clerk, which could be filled 
by the board within ten days, and if not so filled, a special meeting co^uld 
be called for that purpose, by ten days' posted notice, signed by three 
qualified voters, freeholders or householders of the districts, and setting 
forth the object of the meeting. Sec. 1317, R. L,., 1905. — Simpson, July 21, 
1909. 



CHAPTER X. 

ACTIONS. 

39. Actions by districts — Any school board may prosecute actions 
in the name of the district in the following cases: 

1. On a contract made with the district, or with the board in 
its official capacity; 

2. To enforce a liability, or a duty enjoined by law, in its favor 
or in favor of the district; 

3. To recover a penalty or forfeiture given by law to it or lo 
the district; or 

4. To recover damages for an injury to the rights or property 
of the district. (1457) 

When a trustee renders himself liable to a penalty, though the cause of 
action for the penalty is in the district, the action may be brought by a 
director or a freeholder in his own name. — 31 M. 227. 

40. Actions against districts — An action may be brought against 
any school district, either upon a contract made with the district or its 
board, in its official capacity, and within the scope of its authority, or 
for an injury to the rights of the plaintiff arising from some act 
or omission of such board, whether the members of the board making 
the contract, or guilty of the act or omission complained of, be 
still in office or not. (1458) 

Where a district has changed its name, an action against it should be 
brought by its new. name. — 7 M. 203 (Gil. 145). 

A judgment entered against a s.chool district by collusion between the 
plaintiff and one of the trustees, may be set aside, on a proper application, 
and a defense on the merits interposed. — 45 M. 88. 

Where the trustees knowingly neglected to defend in an action against 
the district, allowing judgment to go by default, the court may, in its dis- 
cretion, open such judgment, upon application made immediately after 
change of trustees. — 89 M. 477. 

A complaint on an order of a district which failed to allege the con- 
sideration for the order, or that there were funds applicable to its payment, 
held good as against objections raised for the first time at the trial. — 91 
M. 41. 

41. Action wiien trustees resign, etc. — In case the trustees of 
any school district which has contracted an indebtedness shall re- 
move or resign, and none are elected or appointed in their stead, an 
action to recover such indebtedness may be begun by service of the 
summons upon the county auditor, and any taxpayer of the district 
may defend such action in its behalf, or the auditor may be required " 
by the voters of the district to defend the same upon being indemnifi- 
ed against the costs and expenses of such defence. (1462) 



CHAPTER XL 

JUDGMENTS. 

42. Judgment paid by treasurer— Except as hereinafter provided, 
no execution shall issue upon any judgment against a school district 
for the recovery of money. Unless the same be stayed by appeal, 
the treasurer shall pay such judgment upon presentation of a certific;d 
copy thereofj if he has sufficient money of the district not otherwise 
appropriated. If he fails to do so, he shall be personally liable for 
the amount, unless the collection be afterward stayed. (1459) 

A judgment against a district can be paid only out of money not other- 
wise appro'priated. — 43 M. 495. 

The treasurer of the district can pay a judgment against the trustees 
only out of money not otherwise appropriated. He has no authority to pay 
it out of moneys applicable only to other specific purposes. — 43 M. 495. 

43. Failure to pay — Tax Jevy — If such judgment is not satisfied, 
or stayed by appeal or otherwise, before the next annual meeting 
of the district, a certified copy thereof may be presented at its annual 
meeting, whereupon the district shall cause the amount of the judg- 
ment, with interest, to be added to the tax of said district. If such 
tax is not levied and certified to the county auditor on or before 
October 1 next after presentation as aforesaid, a certified copy there- 
of may be filed with such auditor at any time before he has extended 
the tax of such district, with an affidavit showing the amount re- 
maining unpaid thereon, and the fact of such presentation to the dis- 
trict. Thereupon the auditor shall at once levy and extend such 
amount as a tax upon the property taxable within the district. (1460) 

44. When Execution may issue — If the judgment is not paid with- 
in thirty days after the time when the proceeds of such levy become 
payable by the county treasurer of the district, execution may be 
issued thereon, to which any property belonging to the district shall 
be liable. (1461) 

45. — Action when trustees resign, etc. — In case the trustees ol 
any school district which has contracted an indebtedness shall re- 
move or resign, and none are elected or apppointed in their stead, an 
action to recover such indebtedness may be begun by service of the 
summons upon the county auditor, and any taxpayer of the district 
may defend such action in its behalf, or the auditor may be required 
by the voters of the district to defend the same upon being indemnified 
against the costs and expenses of such defence. (1462) 

46. Judgment, how satisfied — If judgment is recovered in any 
such action, the auditor, upon a certified copy thereof being filed with 



42 JUDGMENTS. 

him, shall levy and extend upon and against the property taxable 
within the district an amount sufficient to pay the same, with interest. 
When such tax, or any part thereof, is collected, the county treasurer 
shall pay the same to the holder of the judgment until it is satisfied 
in full. And for this purpose the treasurer may use any money com- 
ing into his hands from taxes levied prior to the judgment for the 
payment of the same indebtedness. (1463) 



CHAPTER XII. 

DEPOSITORIES FOR SCHOOL DISTRICT MONEYS. 

47. School officers may select depositories — The officers of the 
several common and independent school districts in this siate may in 
their discretion, select and designate as a depository or depositories 
for school district moneys, any national or state bank, or banks, for 
a period not exceeding thrqe years on the execution of such bank 
or banks of a sufficient bond to the school district in double the sum 
deposited, except in cases where the bond furnished is that of a surety 
company authorized to do business in the state of Minnesota, and 
in such cases the amount of bond shall be equal to the estimated sum 
to be deposited, to be approved by the board and filed in the office of 
the county auditor ofi the county wherein said school district may 
be situated, and thereupon may require the treasurer to deposit all 
'or any part of the school district's money in such bank or banks. 

Such designation shall be in writing and shall set forth all the terms 
and conditions upon which the deposits are made, be signed by the 
chairman and clerk or president and clerk as the case may be, and 
filed with the clerk. That thereupon such bank or banks shall 
become a legal depository or depositories for school district moneys 
and thereafter the school district treasurer shall deposit such school 
district moneys therein as he shall be required from time to time to 
deposit by such school district officers. (Sec. 133, 1907, as amended 
by c. 332, 1909) 

48. Treasurer to be exempt from liability — The school district 
treasurer and the sureties on his bond shall be exempt from liability 
to the school district by reason of the loss of any funds of such school 
district deposited in any such bank or banks from the failure, bank- 
ruptcy or other acts of such bank or banks to the extent and amount 
of such funds in such bank or banks at the time of such failure or 
bankruptcy, (c. 133, 1907, as amended by c. 332, 1909.) 

If a school board has properly designated a bank as a depository, a 
proper bond having' been furnished and accepted, it becomes the duty 
of the treasurer to deposit the funds of the district in such bank, 'and, 
failing to do so, he is personally responsible for such funds^ and if they 
<ire lost he and his bondsmen can be held therefor. Action in mandamus 
will lie to compel him to deposit the funds in the designated depository. — 
Simpson, Aug. 19, 1909. 

43. Interest computed monthly — All interest on moneys deposited, 
as hereinbefore provided, shall be computed on monthly balances, 
and become the property of said school district, (c. 133, 1907, as 
amended by c. 332, 1909.) 

50. Officers not allowed additional compensation — No additional 
com.pensation or fees shall be paid any of the school district officers 
by reason of any of the provisions of this act. (c. 133, 1907, as 
amended by c. 332, 1909.) 



CHAPTER XIII. 

PENALTIES. 

51. Excluding or expelling pupils — Any member of any public 
school board or board of education of any district, who without 
sufficient cause, or on account of race, color, nationality, or social 
position, shall vote ftor, or, being present, shall fail to vote against, 
the exclusion, expulsion, or suspension from school privileges of any 
person entitled to admission to the schools of such district, shall 
forfeit to the party aggrieved fifty dollars for each offense, to be 
recovered in a civil action. (1402) 

A school board has' no authority to exclude a child of school age from 
schoofl during any portion oi the school year, and such child is entitled 
to admission whenever the minimum age is reached, whether the same be 
ai the beginning or during any part of the ensuing term or year. — Simpson, 
March 4, 1909. 

The fact that parents pay no taxes in no way affects the right of their 
children to attend school, nor is such right affected by the manner oi living 
of such parents, and while it is not incumbent upon local school districts 
to educate children of Indian parents who are wards of the government, 
and have not severed their tribal relations', yet an Indian who has become 
a citizen of the state, and is a voter, occupies a different position, and the 
children of such person would be entitled to attend school. — Simpson, Sept. 
8. 1909. 

51A. Penalty for failure to pay teachers' wages — Any treasurer 
who uses money applicable for teachers' wages for any other purpose 
shall be personally liable to any teacher who becomes entitled to any 
part of such funds for such amount to be recovered in a civil action 
against such treasurer and the sureties on his official bond. (1329) 

52. Improper classification — No district shall classify its pupils 
with reference to race, color, social position, or nationality, nor 
separate its pupils into different school or departments upon any of 
such grounds. Any district so classifying or separating any of its 
pupils, or denying school privileges to any of its pupils upon any 
such ground, shall forfeit its share in all apportioned school funds for 
any apportionment period in which such classification, separation, or 
exclusion shall occur or continue. The state superintendent, upon 
notice to the offending district, and upon proof of the violation of 
the provisions of this section, shall withhold in the semi-annual appor- 
tionment the share of such district, and the county auditor shall 
thereupon exclude such district from his apportionment for such 
period. (1403) 

53. Refusing to serve on school board — Any person accepting an 
election or appointment upon any school board, and refusing or neg- 



PENALTIES. 45 

lecting to qualify or to serve, or to perform any of the duties of such 
office, shall forfeit for each offense the sum of ten dollars, to be 
collected in an action before a justice of the peace, to be prosecuted in 
the name of the district by its director or other proper officer, or by 
any freeholder thereof. (1404) 

Where, at a regular school district meeting, it is voted to have a school 
kept for a specified time and sufficient funds' are provided, the trustees 
render themselves liable to the pC'nalty imposed by this section, as amended 
by Laws 1879, c. 41, by neglecting, without excuse, to provide the school 
the specified time. — Soule vs. Thelander, 31 Minn. 227, 17 N. W. Rep. 373. 

54. Failure of clerk to report — Any clerk of a school district 
who fails to make any report required of him by law^ shall forfeit 
not less than five dollars nor more than fifty dollars for the use of 
the district. (1405) 

55. Drawing illegal order — Any school district clerk who shall 
illegally draw an order upon the treasurer, any chairman or other 
officer who shall attest such order, and any school district treasurer 
who shall knowingly pay the same, shall each forfeit to the district 
twice the amount of such order to be collected in an action brought 
in the name of the district by any freeholder thereof. (1406) 

The issuance of an order by a school clerk for the payment Of the 
wages of a teacher known to him not to have been licensied toi teach, sub- 
jects him to a penalty. — 31 M. 333. ' 

Under this section the issuance of an order by a scho'ol district clerk, 
drawn by him unon the treasurer for the payment of the wages of a teacher 
known to him not to have been licensed to teach, and paid out of the funds' 
appropriated for teachers' wages, is an unlawful diversion of public school 
funds from their legitimate channel, and subjects him to the penalty pre- 
scribed.— School District No. 10 vs. Thelander, 31 Minn. 333, 17 N. W. Rep. 
866. 

56. Neglecting to keep or deliver records — Any school district 
clerk who shall neglect to keep the books and records of his office in 
the manner prescribed by law, or shall wilfully refuse to deliver 
such books and records to his successor in office, shall forfeit to the 
use of the district the sum of ten dollars for each offense. (1407) 

57. Dealing in school supplies — No teacher, nor any state, county, 
town, city, or district school officer, shall be interested directly or in- 
directly in the sale, proceeds, or profits of any book,, apparatus, or 
furniture used or to be used in any school with which he is connected. 
Any person violating any of the provisions of this section shall for- 
feit not less than fifty dollars nor more than two hundred dollars 
for each such offence. But this section shall not apply to a teacher 
who may have an interest in the sale of any book of which he himself 
is the author. (1410) 

It is not within the reason of the statute to prohibit a person who 
chances to be an officer or teacher in a given county or school district from 
engaging in the sale of such botoks or apparatus elsewhere than in his 
county or district. Indeed, it is obvious that the prohibition in terms does 
not reach sales made elSrewhere. — Childs, April 27, 1896. 



46 PENALTIES. 

58. Duty of officers to report violations of law — Every officer 
to whom reports are required by this chapter to be made, and for 
the failure to make which a penalty or fine or forfeiture is provided, 
shall give immediate written notice of such failure to the delinquent 
and to the proper county attorney. Such county attorney shall there- 
upon institute proper proceedings to collect such penalty, fine, or for- 
feiture. Upon complaint of the county superintendent, or whenever 
it comes to his knowledge that any school officer has violated any 
provision of this chapter, for which violation a penalty, fine, or for- 
feiture is provided, such attorney shall institute like proceedings. 
(1411) 

School officers against whom charges have been made of illegal acts, 
can hold respective offices until removed by competent authority. — Simp- 
son, March 18, 1909. 

Where, at the annual school meeting, it was determined that there should 
be six months' school, a three months' term beginning the first Monday in 
October, and another three months' term beginning the first Monday in 
February, but a majority of the school board, disregarding the action of 
the annual meeting, decided to commence the second term on the second 
Monday in January, instead of February, the two members of the board 
voting for and causing such change would not be subject to. a fine cover- 
ing the extra cost, if any, of the January school expenses.— Simpson, March 
19, 1909. 



CHAPTER XIV. 

COMPULSORY EDUCATION. 

59. Children between 8 and 16 years to be sent to school unless 
certain excuses are found valid — Every parent, guardian or other per- 
son who resides in any school district and who has control of any 
child or children of or between the ages of eight and sixteen years, 
and in school districts contained in cities of the first class between 
the ages of eight and eighteen, shall send such child or children 
to a public or private school in each year during the entire time the 
public schools of such district are in session. 

Provided, however, that such child or children nlay be excused 
from such attendance upon a written application to the school board 
by the parent, guardian or person having control of such child or 
children for the whole or any part of such period by the school board 
or board of education of the school district in which such parent 
guardian or person having control over such child or children 
resides, upon its being shown to the satisfaction of such board: 

(1) That such parent, guardian or other person having control 
is not able by reason of poverty to clothe such child properly; or 

(2) That such child's bodily or mental condition is such as to 
prevent his attendance at school or application to study for the period 
required; or 

(3) That such child has already completed the studies ordinarily 
required in the eighth grade; or 

(4) That there is no public school within reasonable distance 
of his residence. 

A record of such excuses granted shall be spread upon the minutes 
of the meeting of the board and a copy of the same, duly signed by 
two members of the board, shall be given to the applicant. (Sec. 1, 
c. 400, 1909.) 

The words "of or between the ages of eight and sixteen years" iij 
Chapter 400, Laws 1909, cover and embrace all school children who have 
attained the age of eight years, and until they have reached their seven- 
teenth birthday. — Simpson, Jan. 5, 1910. 

■ The question as to what is a reasonable distance within which to com- 
pel a child to go to school under the compulsory school law, is more a ques- 
tion of fact than of law, and what might be a reasonable distance for a 
child who is strong and healthy, would be unreasonable if applied to one 
not thus favored. The question must remain one to be determined under 
the circumstances of each case, according to the best judgment of the school 
board. — Simpson, April 13, 1909. 



48 COMPULSORY EDUCATION. 

60. Duty of clerk, and compensation — The clerk of each school 
district wherein a truant officer is not regularly employed shall, dur- 
ing the month of August in each year, make out in triplicate a com- 
plete list of all children o£ school age residing in his school district 
together with the name and postoffice address of the parent, guardian 
or person in charge of such child or children, if known. 

He shall certify to this list, send one copy to the county super- 
intendent of schools on or before the first day of September in each 
year; one copy shall be retained by the clerk with his records; and 
one copy together with a record of- excuses granted, if there be any, 
he shall deliver to the principal teacher of his school during the first 
month of school in his district and such additional excuses as the 
board may grant shall be reported to the principal teacher in like 
manner within five (5) days of the granting thereof. 

Such clerk shall receive as full compensation for the services 
required of him by this act three (3) cents for each pupil enumerated 
in the list prepared by him up to one hundred (100) names and for 
any names in» excess of one hundred (100) he shall receive two (2) 
cents per name. 

Such payment shall be made from the general fund of his dis- 
trict in the same manner as other claims are paid. (Sec. 2. c. 400, 
1909.) 

61. Teacher to report to county superintendent — Every teacher 
within five days of the receipt of the clerk's list of children of school 
age and record of excuses granted by the board, shall report to the 
county superintendent of schools the names of the children who do not 
attend school and who have not been excused by the board, and he 
shall make a similar report each succeeding month of school. (Sec. 
3. c. 400, 1909.) 

62. County superintendent to report to county attorney — Penalty 
for violation — The county superintendent of schools shall report all 
cases of unexcused non-attendance to the county attorney, who shall 
notify the parent, guardian or person in charge to send such child 
or children to school, and upon their neglect or refusal for a period 
of ten (10) days to comply with the notification and to send such 
child or children to school, the county superintendent shall upon re- 
quest of the county attorney make and file a criminal complaint 
against such person or persons so neglecting or refusing, in any 
court in any said county, having jurisdiction of the trial of misdemean- 
ors, and upon the making o£ such complaint a warrant shall be issued 
and proceedings and trial be had as by law provided in case of mis- 
demeanors; and all prosecutions under this chapter shall be conducted 
by the county attorney of the county wherein the offense is com- 
mitted. 

Any person who shall fail or refuse to send to or keep in school 
any child or children of whom he has legal charge or control, and 
who is required by law to attend school, when notified so to do as 
hereinbefore provided, and any person who Induces or attempts to 



COMPULSORY EDUCATION. 49 

induce any child unlawfully to absent himself from school, or who 
knowingly harbors or employs while school is in session any child 
unlawfully absent from school, shall be guilty of a misdemeanor, 
and shall be punished by a fine of not to exceed fifty (50) dollars or by 
imprisonment in the county jail for not more than thirty (30) days. 

Any school district clerk, teacher or county superintendent of 
schols refusing, failing or neglecting to perform any duty imposed 
upon him by the provisions of this act shall be guilty of a mis- 
demeanor and upon conviction shall be punished for each offense 
by a fine of not to exceed ten (10) dollars or by imprisonment in the 
county jail not to exceed ten (10) days. 

All such fines, when collected, shall be paid into the county 
treasury for the benefit of the school district in which such offense 
is committed. (Sec. 4. c. 400, 1909.) 



CHAPTER XV. 

BONDS. 

63. Bonds, how issued — The trustees or board of education of 
any school district in this state, whether such district be organized 
by or under any special law of this state, or otherwise, are hereby 
authorized and fully empowered to issue the orders or bonds of their 
respective districts, with coupons, in such amounts and at such per- 
iods as they may be directed by a vote of a ma:jority in favor thereof 
of the legal voters present and voting at any annual meeting, or at 
any special meeting, called for the purpose, of the district; said orders 
or bonds to be payable in such amounts and at such times, not ex- 
ceeding fifteen years, as the legal voters thereof at such meeting shall 
determine, with interest not to exceed seven per cent per annum; 
which orders or bonds and coupons shall be signed by the directors 
and countersigned by the clerk of said district, or by the president 
of (the) board of education and the clerk of the board of education. 
(3688 as amended by Chap. 272, 1905.) 

64. Vote required — No bonds of a school district shall be issued 
without the approval, first obtained, of a majority of the legal voters, 
present and voting, at a special election called for the purpose, or 
at any annual meeting, in the notice whereof, the proposed issue shall 
have been plainly submitted for approval or rejection. (3688 as 
amended by c. 272, 1905.) 

Authority given to issue bonds for a school house implies the power to 
sell them.— 17 M. 412 (Gil. 391). 

The minutes of a meeting upon the issuance of bonds were kept by the 
secretary, and the next day he transcribed them into the records. In such 
case the records, and not the minutes, are the original; and such record is 
the evidence.— 17 M. 412 (Gil. 391). 

Notice of special meeting to vote upon the issue of bonds should state 
the hour of opening and closing the polls. — Young, April 24, 1908. 

65. Bonds, for what purposes — When the voters of a school dis- 
trict shall have resolved that it is expedient to borrow money for one 
or more of the purposes hereinafter named, and a proposition so to 
do shall have been duly submitted to and approved by the voters, the 
bonds of such school district, including special and independent 
districts, whether lying within a city or village, or not, may be issued 
for the purchase of sites for school houses and for defraying the 
expenses incurred and to be incurred in building, rebuilding, remodel- 
ing, repairing, and furnishing school houses, and installing heating 
and ventilating and plumbing plants in the same, and equipping the 



BONDS. 51 

same with libraries, apparatus, and other school furniture. (784, 
amended by c. 261 1909.) 

66. Bonds and loans from the state — The state loans money on 
school bonds at a rate not less than four per cent per annum, and 
for such time as may be determined. If a di'Strict wishes to borrow 
money from the state, application should be made to the State Audi- 
tor at St. Paul, for necessary blanks and full information. Consult, 
also, the law authorizing such loans, (c. 122, 1907.) 



CHAPTER XVI. 

TAXES. 

67. District school taxes — In common districts the school tax 
shall not exceed fifteen mills on the dollar for the support of the 
schools, or ten mills for the purchase of school sites and the erection 
and equipment of school houses; but in such districts in which such 
ten-mill tax will not produce six hundred dollars a greater tax may 
be levied for school sites and buildings, not to exceed twenty-five 
mills on the dollar nor six hundred dollars in amount. In com- 
mon districts having less than ten voters the district school tax shall 
not exceed four hundred dollars. In independent school districts 
no tax in excess of eight mills on the dollar shall be levied for the 
purchase of school sites and the erection ofl school houses. In 
special districts such amounts may be levied as may be allowed by 
special law at the time when the Revised Laws take effect. (Sec. 
1414, Revised Laws 1905, as amended by c. 458, 1909.) 

County officers have nothing to do with levying school taxes for in- 
dependent diSitrlcts, except to extend them on the tax lists and collect 
them. The district determines the amount. — 71 M. 283. 

Levy by an independent district in separate funds authorized. — 75 M. 
456. 

The board of an independent district has power to levy taxes for the 
support of the schools of the district in excess of the 15 mills on thai 
dollar.— 87 M. 234. 

The school board, and not the electors, of an independent district has 
the power to levy taxes' and to determine the length of school to be held. 
—Young, June, 1906. 

The limitation of 15 mills for the maintenance of schools and 10 mills 
for erection of school house includes' all taxes levied for school purposes, 
including tax to meet interest and principal of bonds, under Sec. 1414, R. L. 
—Douglas,, p. 137. 

68. Taxes to be certified — The taxes voted by school districts 
shall be certified by the proper authorities to the county auditor 
on or before October 10, in each year. (869) 

69. Contracts in excess void — Liability of officers — It shall be 
unlawful for the authorities of any county, town, city, village, or 
school district, unless expressly authorized by law, to contract any 
debt or incur any pecuniary liability for the payment of either the 
principal or the interest of which during the current or any subse- 
quent years it shall be necessary to levy a rate of taxes higher than 
the maximum prescribed by law. Every such contract shall be null 
and void in regard to any obligation thereby sought to be imposed 
upon such corporation; but every officer, agent, or member thereof 



TAXES. 53 

who participates in or authorizes the making of such contract shall 
be individually liable for its performance. Every such officer or agent 
who is present when such contract is made or authorized shall be 
deemed to participate in or authorize the making thereof, as the 
case may 6e, unless he enter or cause to be entered his dissent 
therefrom in the records of such corporation. (874) 



CHAPTER XVII. 

TEACHERS. 

70. Qualified teachers — A qualified teacher is one holding a cer- 
tificate or license to teach as hereinafter provided, in the school or 
grade for which he is employed. Contracts for teaching can only be 
made with qualified teachers. Contracts made with persons before 
obtaining such certificates or licenses shall only be valid from the 
time of obtaining the proper certificate or license. (1343) 

A contract by a district to hire a teacher who has not procured the re- 
quired certificate is void.— 12 M. 448 (Gil. 337). 

71. Hiring of teachers — School boards shall hire teachers at meet- 
ings called for that purpose. No teacher related by blood or ma'r- 
riage to a trustee shall be employed, except by a unanimous vote or 
the full board. The employment shall be by written contract, signed 
by the teacher, and, in common districts, by at least two of the 
trustees; in special and independent districts, by the chairman and 
clerk. Such contract shall specify the time of employment, and the 
wages per month. (1344.) 

A teacher who has no certificate at time of entering into a verbal con- 
tract, but obtains one shortly after and enters into a written contract and 
teaches the school for the contract term, may recover at the contract rate 
from date of written contract. — 20 M. 72 (Gil. 57). 

A contract to hire a teacher not having a certificate is void. — 27 M. 
433. 

Wliere a contract purporting on its face to have been made by the 
district and teacher is signed by the teacher and two persona as' director 
and treasurer, the implicatiom is that such persons are the director and 
treasurer and therefore two of the board such as are authorized to make 
the contract.— 27 M. 433. 

When an order has been legally isstied to a teacher for the amount 
due her, and has been presented and payment demanded and refused, she 
may maintain action against the district, even though a writ of mandamus 
might lie against the treasurer. — 35 M. 309. 

A contract between a teacher and the trustees of a district must be in 
writing and signed by such teacher and a majority of the trustees. — 39 M. 
4i)a. 

An oral contract by a teacher with a school board is not valid, &nd 
no recovery can be had for services thereunder. — 77 M. 469. 

The act of a school board whereby teachers employed by it were re- 
quired to sign a contract consenting that a percentage of the salary should 
be deducted to provide annuities or pensions for teachers becoming in- 
capacitated, is not authorized by law, and is void. — 87 M. 130. 



TEACHERS. _ 55 

When, at reques.t of the board of an independent district, a county 
superintendent issues to a teacher a certificate of qualification under a 
statute then repealed, a contract with such teacher based upon such cer- 
tificate is valid.— 90 M. 111. 

The board of a common district may, prior to the annual meeting, em- 
ploy a teacher for the ensuing year and bind the district for the legal five 
months and for such further time as shall be fixed by the electors at such 
meeting.— 93 M. 411. 

If a teacher holds a valid certificate at the time of making a contract 
which extends beyond the life of the certificate, such contract is good, 
and will remain so as long as the teacher is in possession of a valid cei'- 
tificate and until the contract expires, by its own terms. — Clapp, Oct. 12, 
1891. 

As a general proposition the board may discharge a teacher at pleasure. 
It is incumbent upon them, however, to see to it that the cause is good 
and sufficient, otherwise the district is not relieved of the contract made 
with the teacher. The only provision which can possibly operate to de- 
prive the board of the power of dis,charging a teacher is that which 
authorizes the county superintendent to revoke a certificate for proper 
cause. T am of the opinion that such provision is not exclusive. The 
officers of the district should possess the power of summary disimissal if 
tne best interests of the school so require. Cases may arise where the 
conduct of the teacher is flagrantly immoral and corrupting and calling 
for the most summary action on the part of the board. Certainly, the 
legislature did not intend to s'o abridge the authority of the board as to 
render them powerless in such a case. These views are fairly sustained 
by the following cases: Boys v. State, 6 Neb. 167; Smartwood v. Wal- 
bridge, 57 Ham. 33; Fisk v. Board, 69 Hun, 212; Tripp v. School Board, 
7 N. W. 840. As the teacher may enforce his contract against the district, 
notwithstanding his discharge, unless justified by the facts, the board should 
advise itself by careful inquiry in any suitable manner, that a just ground 
for discharge exists. — Childs, Sept. 21, 1896. 

Teachers cannot enforce verbal contracts which the law requires to be 
in writing. — Douglas, Jan. 4, 1901. 

A strict construction of this section would compel the conclusion that 
a legal contract with a teacher cannot be made at any time other than at 
a meeting of the board called for the purpose; but if there were such a 
meeting at which the minds of the board and the teacher met in a verbal 
contract, and the contract as so made reduced to writing and signed after- 
ward, it would be valid. — ^oung, p. 180. 

A teacher who is ready and willing to perform the services provided 
for in her contract, and who is prevented from doing so by an epidemic 
of smallpox or any other reason, is entitled to recover her wages, even 
though her contract reads "for actual service rendered." — Young, p. 194. 

Undes Sees. 1344 and 1326, R. L., a teacher's wages must be paid by 
orders drawn by the clerk upon the treasrurer. Such orders may be dis- 
co'unted by the teacher, if so disposed, at less than face value; and if not 
paid when presented, may be reduced to judgment for the full amount 
against the district. This is the teacher's' only remedy. — Young, p. 199. 

Teachers cannot be compelled to make up time lost by reason of an 
epidemic of disease, and the board cannot refuse tol pay them for sucTi 
lost time; but if the teachers voluntarily acquiesce in an arrangement of 



56 TEACHERS. 

the board to make up the lost time, they cannot demand extra pay. — 
Young, p. 204. 

The board of a commoln school district cannot bind the district by a 
contract with a teacher for more than five months; but a contract for a 
longer period will be valid tor such five months, but not fo|r the excess', 
unless it be ratified by the district at a valid meeting. 

Where the teacher is hired verbally at the meeting of the board, called 
for that purpose, but the contract is not reduced to writing and signed 
until afterward, the contract is valid under Sec. 1344, R. L. 

A contract made with a teacher who holds a valid certificate, but who 
has not filed it for record at the time the contract is' made, and who files 
it afterward, is valid under Chap. 137, Laws 1905. However, if the board 
should, during the interval between such contract and the filing of such 
certificate, employ another teacher who has filed her certificate, the lat- 
ter would prevail. However, teachers should file their certificates before 
entering into contracts.— Young, June, 1906. 

The board of trustees of a school district may, prior to the regular an- 
nual election held in July, employ a teacher for the ensuing year, and bind 
the district not only for the period of five months required by law, but 
during such further time as may be fixed or established by the electors at 
such meeting. — Norton vs.. Wilkes, 93 M. 411. 

A qualified teacher hired at a meeting of the board, properly called for 
that purpose, whose contract is signed by two members of the bo&rd, has' 
a legal teacher's contract. — Simpson, March 30, 1909. 

In the absence of an express provision in the contract with a teacher, 
so specifying, it is not obligatory upon the teacher to do the janitor work 
of the school house. ^ — Simpson, Jan. 6, 1910. 

It is the duty of the school board to see that all necessary matters 
are attended to, in order that the schools of the district may accomplish 
the purpose for which they are instituted, under the general power vested 
in the board, and where the matter is not mentioned in the teacher's' con- 
tract, and there has been no oral understanding that the teacher should act 
as janitor, it is the imperative duty of the board to furnish a janitor to 
sweep the school rooms, build the fires, and keep the rooms in suitable 
condition for school purposes'.— Simpson, Dec. 3, 1909. 

The statute provides that (Sec. 1344, K. L. 1905) "No teacher related 
by blood or marriage to a trustee shall be employed, except by a unanimous 
vote of the full board." Therefore, every member of the board must vote 
in favor of the employment of such a teacher, to make the contract of 
employment valid, and if a member of the board attends the meeting and 
does not vote, or is not present at the meeting, and consequently does not 
vote in favor of the employment, the contract would not be legal, and if 
a teacher related, by blood or marriage, to a trustee, has a contract, where 
the employment has not been voted for by each member of the board, even 
though the teacher should actually render services in teaching, he could 
not collect pay for the same. — Young, Sept. 8, 1908. 

If, in the exercise of sound judgment and discretion, a school board 
determines that indulging in certain pastimes outside of school hours, by 
teachers', is detrimental to the work of the school, it will be competent for 
the board to make a rule forbidding such indulgence, on evenings succeed- 
ing school days. If, under all the facts and circumstances, such a rule 
and regulation is a reasonable one, and the action of a teacher in violating 



TEACHERS. ,57 

such rule is detrimental to the best interests' of tne school, then such failure 
to comply with the rule and regulation would be a cause for removal of 
such teacher, though the question, in each particular case, as to the rea- 
sonableness of the rule, might ultimately have to be passed upon by the 
court. — Simpson, Nov. 4, 1909. 

School boards' and boards of education in inuependent districts have the 
right to grant their teachers permission to close their schools without loss 
of pay, for the purpose of attending a state teachers' convention. — Simp- 
son, May 8, 1909. 

The statute contemplates the payment of teachers' wages' at the end 
of each month's services, and there is. no authority for a school board 
retaining the monthly wages of teachers two weeks after the end of the 
month.— Simpson, Oct. 6, 1909. 

71 A. General control of schools — The teacher shall have the gen- 
eral control and government of the school. When more than one 
teacher is employed in any district, one of the teachers may be 
designated by the board as principal, and shall have the general con- 
trol and supervision of the schools of the district, subject to the gen- 
eral supervisory control of the board and other officers. (1336) 

72. Length of school — The schools shall be maintained not less 
than five nor more than ten months, but this provision shall not 
apply to night schools or kindergartens. The school month shall 
consist of four weeks. Every Saturday shall be a school holiday, 
and all legal holidays shall be counted as a part of the school week. 
(1337) 

73. Instruction in public schools — The books used and the instruc- 
tion given in public schools shall be in the English language, but 
any other language may be used by teachers in explaining to pupils 
who understand such language the meaning of English words; and in 
high and graded schools other languages may be taught, when made 
part of a regular or optional course of study. Instruction may also 
be given in such languages in common schools, not to exceed one 
hour in each day, by unanimous vote of the trustees. (1338) 

If unanimously authorized by the board, but under no other circum- 
stances, a foreign language may be taught for not more than one hour 
in any school day as a part of the instruction in a public school. If a 
teacher violates this, law, she violates her contract and is not entitled ta 
compensation out of the treasury; and may be compelled by legal pro- 
ceedings to obey the law. — Young, p. 184. 

"Are trustees required by law to cause schools' to be taught in the 
English language?" The school laws' prescribe those branches of study 
which are to be taught in our common schools. The languages are not 
included. That those branches are to be taught in the English language 
it requires noi argument to prove. The government has yet to exist which 
will expend the contents, of its treasury to the neglect of its own language 
in educating its' citizens in the language of a foreign country whose insti- 
tutions and laws are at variance with its own. — Cole, p. 76. 

Proviso First.— A schoiol in which the instruction is given in foreign 
languages cannot be regarded as in any sense a public school; no taxes 



58 TEACHERS. 

can be legally levied for the support of sxich a school, and it is the duty 
of the county superintendent to see toi it that such a school receive no 
part of the apportionment of the public money. 

74. Instruction in morals, etc. — The teachers in all public schools 
shall give instruction in morals, in physiology and hygiene, and in the 
effects of narcotics and stimulants. (1347 R. L. 1905.) 

You inquire whether it is lawful to open a public school with a recital 
of the Lofrd's prayer. The question involves a construction of Sec. 16 of 
Article I of the constitution, wherein it is, amongst other things, provided: 
"Nor shall any man be compelled to attend, erect, or support any place of 
worship." * * * No' distinction can, in principle, be drawn, between the 
opening of school with prayer, or the reading of the Scriptures, so far as 
the question pertains to the violation of the provision above named. * * * 
In view of the decision by the Supreme Court, you are advised that the prac- 
tice, however, frequently tolerated or indulged in, is violative of the con- 
stitutjon.— Childs, Dec. 10, 1895. 

In the case of Ras'nick vs. District No. 60, Stearns County, April 24. 
1897, in the district court, it was held that a public school house cannot be 
usea, either in or cut of school hours, for the purpose of giving any religious 
instruction, or the conducting of any religious exercises therein, which are 
peculiar to the distinctive teachings, practices, doctrines, creed, tenets, or 
beliefs of any religious faith, church, or denomination, and particularly 
from using or allowing the school house to be used for the same, of any 
of the prayers or the teachings of the catechism, or the conducting of any 
of the religious exercises mentioned herein. 



CHAPTER XVIII. 

SCHOOL HOLIDAYS. 

75. Holidays — The word "holiday" shall include New Year's Day, 
January 1; Lincoln's Birthday, February 12; Washington's Birthday, 
February 22; Memorial Day, May 30; Independence Day, July 4; La- 
bor Day, first Monday in September; election day, the first Tuesday 
after the first Monday in November of the even numbered years; 
Christmas Day, December 25; and the Friday next preceding Easter 
Sunday and commonly known as Good Friday. No public business 
shall be transacted on those days, except in cases of necessity, nor 
shall any civil process be served thereon. (Chap. 254, 1907, amend- 
ing Sec. 5514.) 

Legal holidays are s,chool holidays also. — Young, February, 1907. 



CHAPTER XIX. 

TUITION. 

76. Public schools — Tuition free — All schools supported in whole 
or in part by state school funds shall be styled public schools, and 
admission to and tuition therein shall be free to all persons between 
the ages of five and twenty-one years, in the district in which such 
pupil resides; Provided, that the school board of any district may, 
by resolution, exclude all children under six years of age. (1279) 

A school board has' no authority tc exclude a child of school age from 
school during any portion of the school year; and s,uch child is entitled 
to admission whenever the minimum age is reached, whether the same 
be at the beginning or during any part of a school term or year; constru- 
ing Sections 1279 and 1402, R. L.— Young, March, 1907. 

A school board has no power to exclude a pupil who uses tobacco 
from the public school. The use o-f tobacco by students is not wholly 
prohibited by the statutes. — "ioung, p. 206. 

Those entitled to admission to the public schools are (1) the children 
of the actual residents in the district; and (2) all other persons between 
the ages of five and twenty-one who may be in good faith living in the 
district. If the parents are in good faith living in the district, although 
temporarily, the children would be entitled to admission to the school. — 
Wilson, p. 396. (See, also. Par. 31, 1897. c. 252.) 

Whether a minor whose parents reside in another part of the state has 
a right to attend school in your district depends upon whether said minor 
is a resident of your district. — Colville, p. 235. 

Residence acquired by students in attendance upon any seminary of 
learning, or by inmates o'f any charitable institution, or of a public prison 
for reformation or punishment, is not of such character as- to give the right 
to attend the district school of the place, or to be enrolled for apportion- 
ment in such district. — Cornell, p. 257. 

While a parent could not, for the colorable purpose of evading the law, 
send his children to board in another district for the mere object of at- 
tending school, I entertain no doubt that a scholar actually and in good 
faith domiciled in the district would be entitled to the benefits of the school 
without regard tc the residence of his parents. — Cole, p. 106. 

The right to free tuition depends upon the residence of the pupil claim- 
ing it without regard to the residence of his parents. If a child comes 
into a district for the mere purpose of attending school, the board, in its 
discretion, may charge tuition, or exclude him altogether. On the other 
hand, a child who actually resides in a district is entitled to school privi- 
leges without charge. 

"What are the relative powers and duties of trustees and teachers in 
reference to the discipline and management of schools?" 



TEACHERS. 61 

For insubordination, immorality, or infectious disease, the board may 
expel any scholar. It is made the duty of each member of the board at 
least once in each term to visit the schools and give such advice to the 
teacher as may be for the benefit of the schools, and they are intrusted 
with the general charge of the interests of the schools, and scho'ol houses 
in their districts, and are especially authorized to employ teachers having 
the requisite certificate of qualification. There are the principal provisions' 
bearing upon the question under consideration, and they seem to leave 
no doubt that with the single exception of the power of expulsion for 
the causes specified in the statute, the authority of the trustees over the 
interior management of the schools is solely advisory in its character. 
The responsibility for the correct government and discipline of the school, 
as well as the adoption of such methods of teaching as seem best calcu- 
lated to promote the advancement of the scholars in their several branches 
of study, rests solely with the teacher. Of course there ought and always 
will be a mutual interchange of views', and a cordial co-operation between 
teachers and trustees in all these matters, whenever a regard is had to the 
important interests intrusted to their charge. The law prescribes what 
studies shall and what may be taught in our common schools, as well as 
the text books to be used; and in determining within this limit what par- 
ticular study any pupil shall pursue, the teacher always ought to consult 
the wishes of its parents or guardian, and conform to them so far as 
practicable, having due regard to the present attainments and proficiency 
of the pupil, and the general interests of the school. — Cornell, p. 265. 

There is no doubt of the right of the parent to send his children into 
any district he may select so long as he is willing to assume the extrli 
burden thereby imposed upon him. — Clapp, May 3, 1888. 

Corporal Punishment. — To use * * * force or violence upon * • • 
the person of another is not unlawful * * * when committed by a * * * 
teacher, in the exercise of a lawful authority to restrain or correct his 
* * * scholar, and the force or violence used is reasonable in manner and 
moderate in degree. 

The mere designation of tuition charge as "book rent" when in fact 
it is a tuition charge, will not in any way affect the law or warrant the draw- 
ing of apportionment for pupils paying such "book rent." — Simpson, March 
8, 1909. 



Practical Suggestions to School Boards. 

By Julius Boraas, Superintendent, Goodhue County. 

CHAPTER XX. 

HIRING TEACHERS. 

Hiring a teacher is the most important duty of the school board. 
The problem is to get the best teacher that the salary offered will 
secure. Long observation has taught that to accomplish this end 
the following suggestions will be helpful: 

1. Only a good salary can be expected to secure a good teacher. 
A wise school board will therefore inquire of the county superin- 
tendent concerning the average salaries paid in the county, and if it 
is desired to get a teacher better than the average, the salary will 
be fixed accordingly. Increasing a salary by twenty-five per cent 
will frequently secure a teacher whose work is fifty per cent above 
what could be secured for the lower salary. 

2. All things considered, it is better to hire a known teacher 
than to take chances on one who Js not known. If the previous 
teacher has given good satisfaction, it is a wise policy to offer the 
school to the same person again. 

3. School boards wishing to secure the best teachers must hire 
early. Waiting for applications will take too long. A Detter plan con- 
sists in early selecting a member of the board to act as a special com- 
mittee as to the teacher for the ensuing year. Such a member should 
then write to the county superintendent for a list of the best teachers 
available, and make such other inquiries as will bring him the de- 
sired information. Suitable candidates will be asked to apply for 
the school, and when the board is called together to decide upon 
the teacher, they have a good chance to select from the best that 
can be found. School boards delaying too long in hiring a teacher 
must as a rule be satisfied with accepting candidates not wanted by 
other school boards. 

4. When applications are made by teachers who are strangers 
careful inquiry should be m.ade as to their previous experience and 
success. Only first-hand information should be accepted as sufficient. 
By corresponding with the superintendent or the members of the 
board where the applicant has taught, the necessary information can 
readily be secured. 



TUITION. 63 

5. It is becoming more and more common for progressive school 
boards to hire the teacher before the annual meeting. Although a 
board at that time cannot make a contract for a longer term than 
five months, the length of the school year in most districts is sufficient- 
ly uniform to make the plan entirely practical. Especially is this 
true in the state-aided schools. 

6. To be valid, the law demands that a teacher's contract shall 
be in vs^riting, and the teacher must hold a certificate covering the 
period of the contract. Agreements should always be made concerning 
the duties of the teacher, 'in connection with the building of fires, 
sweeping of floors, and acting as janitor in general, for unless the 
teacher agrees to perform janitor services, it is the imperative duty of 
the board to make other provision fov the same. 



CHAPTER XXI. 

CARE OF THE SCHOOL PROPERTY. 

An up-to-date, progressive school must have modern equipment, 
properly taken care of, if it is to produce the best results. A school 
board will always be known by the way in which it provides and cares 
for the equipment and general management of the school in its charge. 
For convenience, it may be well here to enumerate those things 
which the best authorities now regard as essentials in a good rural 
school: 

1. A good-sized school ground, with trees and lawn, properly 
cared for. Some one should be regularly employed to care for the 
grounds during the vacations of the school, so that they may always 
be in a condition worthy of the community in which the school is 
located. 

2. A good school building and necessary out-buildings, kept in 
good repair. To accommodate a fair-sized school, a room should be 
about 24 feet wide, 30 feet long, and 13 feet high. The light should 
be admitted from the left side of the pupils, as they are seated at 
their desks. The windows should reach to within six inches of the 
ceiling, and the glass area of the windows should be at least one- 
fifth of the area of the school room floor. The walls should be of 
a light greenish-gray color; the ceiling should be white, or nearly 
so; the window shades should be sufficiently transparent to admit 
the light, while excluding the direct rays of the sun. The floors 
should be of maple, birch, oak, or first-quality Georgia pine. 

The equipment should include a good heating plant, of an ap- 
proved kind, a satisfactory ventilating system, free text books, a 
library, slate blackboards placed thirty inches from the floor, a globe, 
a set of maps, a reading chart, text-book and library records, book- 
cases, a water cooler with faucet, (the pupils should be required to 
use individual drinking cups) floor brushes or brooms, a quantity of 
sweeping compound, door mats, scrapers, etc There should be four 
sizes of single desks, so placed that only one size will be found in 
any one row. The teacher's desk should have suitable drawers for 
the keeping of records and materials. 

Where some luxury can be afforded, the following will be found 
desirable: An organ, a few framed pictures, belfry and bell, flag and 
flag-pole, etc. 



CARE OF THE SCHOOL PROPERTY. 65 

If not furnished free, a suitable supply of statiouery should be 
kept on hand and sold at cost to the pupils. To facilitate the work 
of the board, it is a good plan to select one of the officers as a com- 
mittee on equipment. This will secure better and more direct care 
of the equipment, and will make it possible to enforce a more care- 
ful use of it by the pupils. A definite responsibility is always pre- 
ferable; what is everybody's business is too often regarded as no 
body's. 



CHAPTER XXII. 

CARE AND GOVERNMENT OF SCHOOL. 

The principal duties of the school board with regard to the con- 
duct of the school, as specified in the law, may be summarized as 
follows: 

1. To make all necessary rules for the organization, government 
and instruction of the school, to provide the required records and in- 
sist upon their being kept as directed, to adopt text books and courses 
of study, and to visit the school at least once in two months. 

2. To provide for the admission of non-resident pupils, and 
those above school age, and to fix the rate of tuition for such pupils. 
And In regard to this it is well to remember that a non-resident own- 
ing at least eighty acres of land in the district has the right to send 
his children to the school of such district without paying tuition. 

3. To make rules for the protection of the school property, and 
to prescribe penalties for abuse of the same. 

4. When deemed advisable, the school may be closed, and pro- 
vision made for the instruction of the children in an adjoining school. 
(See Sec. 33, Chap. 8.) 

5. The compulsory education law enacted in 1909 places the 
following duties on the school board: During the month of August 
the clerk must make, in triplicate, a list of all children of school age, 
residing in his school district, together with the name and post office 
address of the parent, guardian or person in charge of such child or 
children, if known. He shall certify to the list, send one copy to the 
county superintendent of schools on or before the first day of Sep- 
tember in each year, one copy should be retained by the clerk with 
his records, and one copy, together with a record of excuses granted, 
if there be any, he shall deliver to the principal teacher of his school 
during the first month of school in his district, and such additional 
excuses as the board may grant shall be reported to the principal 
teacher, in like manner, within five days of the granting thereof. 
On application of a parent or guardian, the school board may excuse 
a child from part or all of the required attendance for any of the 
following resons: Poverty, illness, completion of the work of the 
eighth grade, residence not being within reasonable distance from the 
school. Within five days of the granting of an excuse, the clerk must 
notify the teacher thereof. 



CARE OF THE SCHOOL PROPERTY. 67 

In addition to the points already noted, tTie following have been 
found helpful in furthering the welfare of the schools: 

1. An effort should be made to get every child enrolled in the 
school, whether of compulsory school age or not, to attend as reg- 
ularly as possible, so that no pupil may fail to draw his share of 
public money for the district. 

2. In case of pupils of the first and second grade, it may be 
advisable, if the conditions seem favorable, to allow the teacher 
to dismiss them earlier than the older pupils. This is the practice 
in all city schools, and could be followed with advantage in many 
rural schools. 

3. It is an excellent plan, during the school year, to hold oc- 
casional meetings of the board. These meetings should, if possible, 
be held in the schoolhouse, and the teacher should be invited to 
attend, so that the needs of the school may be discussed. 

4. No school is successful unless order and discipline is maintain- 
ed, and the school board can do much to help the teacher in that re- 
spect. If the pupils understand that the board will uphold the teacher 
in all reasonable efforts to keep the school in order, and that prompt 
action will be taken if anyone shows wilful disobedience, the work of 
the school will be much easier to direct. As a school board may take 
steps to have an incorrigible child committed to the state training 
school, it has sufficient backing for enforcing all reasonable rules or de- 
mands that are made. 

5. Children should be taught to have due respect for public prop- 
erty, and every school board should see to it that no vandalism is 
allowed, either during the school hours or at other times. 



CHAPTER XXIII. 

CARE OR THE FINANCES. 

The Tax Levy in Common Districts. 

The school board shall submit to the annual school meeting an 
estimate of the expenses of the district for the ensuing year, for a 
five months' school, and for such further time as may be decided ! y 
the meeting. If the meeting fails to vote a sufficient tax for such 
time, the board shall levy a tax. The amount levied must be re- 
ported to the county auditor on or before the 10th of October. The 
maximum tax that can be levied is fifteen mills on the dollar for ex- 
penses, and 10 mills for the erection of schoolhouse. 

Orders. 

Orders issued by the school clerk must be countersigned by the 
chairman of the board before being paid by the treasurer. In the 
absence, inability, or refusal of the clerk to issue orders for the pay- 
ment of money authorized by a vote of a majority of the board, the 
orders may be drawn by the chairman and paid by the treasurer. 
In such case, a statement with a copy of the orders, must be delivered 
to the clerk. When the treasurer has no funds for the payment of an 
order, he may accept the order, by signing it in the manner indicated 
on the order, after which it bears interest at the rate of 6 per cent. 

Tax Levy in Independent Districts. 
In independent districts the school board shall provide by a levy 
of tax, for the necessary funds for the conduct of the schools, the 
payment of indebtedness, and all proper expenses of the district, 
and while no tax in excess of 8 mills on the dollar shall be levied 
for the purchase of school sites, and the erection of schoolhouses, no 
limitation as to the amount that can be raised for current expenses 
is prescribed by law. 



CHAPTER XXIV. 

CARE OF THE HEALTH. 

As authorized by law, the State Board of Health has issued and 
published the following regulations, and any violation of them is 
punishable: 

No principal, superintendent, or teacher of any school, and no 
parent, master or guardian of any child or minor, having the power 
and authority to prevent, shall permit any such child or minor hav- 
ing smallpox, scarlet fever, diphtheria, measles, chicken pox, tuber- 
culosis, influenza, tonsilitis, erysipelas, whooping cough, mumps, itch, 
ringworm or trachoma, or any other dangerous communicable disease, 
or any child residing in any house in which any such disease exists, 
or has recently existed, to attend any public, private, parochial, 
church or Sunday school, until the local health officer of the ciiy, 
village or township, shall have given his permission for such attend- 
ance. 

A school house wherein a child suffering from smallpox, .scarlet 
fever or dipththeria has been present shall be deemed infected, and 
must be temporarily closed and thoroughly disinfected and cleaned, 
under the supervision of the local health officer, before re-opening of 
the school. Such disinfection and cleaning shall be done according 
to directions of the Minnesota State T3oard of Health, in its circular 
on disinfection. 

All school houses shall be inspected from time to time, by the 
local health officer, and if found to be in an unclean or unsanitary 
condition, said officer shall forthwith order that the place be closed, 
and kept closed, until it has been properly cleaned or disinfected, or 
both, as the case may require. 

Whenever it is proposed to build a new school house, the plans 
and specifications for the same, in respect to sanitary conditions, 
shall be submitted and filed with the Minnesota State Board of 
Health, and no such building shall be constructed until the sanitary 
arrangements of the same have been approved by the said board. 



CHAPTER XXV. 

List of Supplies Furnished Through the Office of the County Superin- 
tendent. 

The following supplies may be obtained from the county superin- 
tendent of schools, and are furnished free of charge, by the state: 

Clerk's record book, ti'easurer's record book, clerk's blank orders, 
clerk's annual report blank, common school register, graded school 
register, teacher's contract blank, common school teacher's term re- 
port blank, graded school teacher's term report blank, graded school 
piincipal's report blank, library catalog, library order blank, library 
book list blank, text book price list, dictionary order blank, common 
school course of study, blank for application for state aid. 



CHAPTER XXVI. 

REGULATIONS RELATING TO CONSTRUCTION OF SCHOOL 

BUILDINGS. 

Issued by the State Board of Health. 

146. No school room, or class room, except an assembly room, 
shall have a seating capacity that will provide less than eighteen 
square feet ofi floor space and two hundred sixteen cubic feet of air 
space per pupil, and no ceiling in buildings hereafter to be erected 
shall be less than twelve feet from the floor. 

147. A system of ventilation, in order to be approved by the 
Minnesota State Board of Health, shall be capable of furnishing not 
less than thirty cubic feet of air per minute for each person that the 
room will accommodate when the difference of the temperature be- 
tween the outside air and the air in the school room shall be thirty 
degrees F. or more. 

148. In a gravity system of ventilation in connection with a fur- 
nace or steam plant, the flues for admitting fresh air to the room 
shall have a horizontal area of not less than one square foot for 
every nine persons that the room will accommodate. 

149. The flues for a "plenum fan" system of ventilation shall 
have a horizontal area of not less than one square foot for every fifteen 
persons that the room will accommodate. The ventilation of school 
buildings by this system shall be so designed that the air pressure 
in any class room shall be in excess of that of the outside air. 

**149a. The direct indirect system of ventilating shall not be used. 
By "direct indirect" is meant the introduction of cold air from the 
outside of the building at the base of a "direct" radiator. (See En- 
gineer's report October 5, 1909.) 

150. The glass area of windows shall equal one-fifth of the floor 
area of the school room. 

151. In all rooms not exceeding twenty-five feet in width all the 
light shall be admitted to the left of the pupils. 

152. In rooms exceeding twenty-five feet in width, light shall be 
admitted to the left and rear of pupils. 



72 REGULATING CONSTRUCTION OF SCHOOL BUILDINGS. 

153. Translucent Instead of opaque shades shall be used in the 
windows for controlling the light. 

154. The top of the windows shall be as near the ceiling as the 
mechanical construction of the building will allow. 

155. No cloak room shall be less than six feet wide, nor shall 
have less than one window. 

156 The so-called "sanitary wardrobe" which allows the foul air 
of the room to pass through the clothing of the children before pass- 
ing into the vent duct, shall be condemned as unsanitary. 

*156a. One- and two-room buildings heated by hot air, stoves cr 
furnaces, shall have a cold air intake, the cross section of which is 
equal to 0.004 of the floor area of the room or rooms heated. The 
vent flue shall have a net area equal to that of the C(.>lii air intake. 
(See Engineer's report July 20, 1909.) 

*The starred sections and the bold-face portions are new. 



INDEX. 

References in this index are to sections, except wh«sre pages and chap- 
ters are specifically referred to. 

Sections. 
A. 

ACCEPTANCE 

Of offlce by school officers ; when and how 20 

ACCOUNTS 

Of district clerk; how kept 23 

Of district treasurer; how kept 24 

ACTIONS 

By school districts, character of actions' , 39 

Against districts, in what cases 40 

When trustees resign 41 

Against district after change of name Note. 40 

ADMISSION 

Free to public schools .*. 76 

ADVERTISING 

For bids in letting contract to build school house Note. 31 

AGE 

Of children entitled to attend public schools 76 

Of children who must attend school under compulsory education law 59 
"Of or between the ages of 8 and 16 years" defined Note. 59 

ANNUAL, MEETING. (See School Meeting.) 

APPEALS 

From orders of formation of school districts 6 

From orders for change of boundaries of districts 6-7 

Pending appeal from order dividing district, treasurer to retain 

money apportioned Note. 6 

From order organizing district from parts of districts In different 

counties, who may appeal Note. 6 

APPORTIONMENTS 

Of school funds in new, changed, or diyided districts 8 

Of funds in the treasury for building a school house, and there- 
after school district is divided Note. 8 

B. 

BALLOT 

School officers must be elected by 17 

Plurality vote elects 17 

Polls open one hour, and ballots counted, cannot thereafter be 

opened and ano'ther ballot taken Note. 18 

BIBLE 

Reading from scriptures in school violative of constitution. . .Note. 74 
BIDS 

Advertising for in letting contract for building school house.. Note. 31 
BLANKS 

To be furnished by county superintendent Chap. 25 

BOARDS. (See District Boards — Common and Independent.) 
BONDS 

Official, of school district treasurer 22 



74 INDEX. 

BONDS Sections. 

How and when issued by school boards 63 

Purposes for which bonds may be issued 65 

Vote required to issue bonds 64 

For loans from the state 66 

BOOKS. (See also Text-Books.) 

Of account, to be kept by clerk 23 

Used in public schools to be in English language 73 

BOUNDARIES. (See Districts, School.) 

Of school, districts, how changed 7 

When changed, division and award of moneys', etc Noites. 7-8 

Tax levied but not collected before division subject to distribu- 
tion Note. 7 

Duties county auditor, what 9 



C. 

CHAIRMAN 

Election of 12 

Shall preside at meetings of board 25 

Shall countersign all orders 25 

Shall represent district in all actions 25 

Shall perform all duties usually incumbent on such officer 25 

Powers of, on failure of clerk to perform duty 25 

Attesting illegal order, penalty T 55 

CHILDREN 

To be sent to school, compulsory education law 59 

Meaning of "of or between the ages of 8 and 16 years" Note. 59 

Reasonable distance within which to compel child to attend 

school Note. 59 

Entitled to attend public schools, age of 7£ 

When and how excused for non-attendance at school 59 

CLAIMS 

Against districts; power and duty of board as to Sub. 7-31 

CLERKS 

To keep books, and records 23 

To notify persons elected to office 23 

To make certified annual reports to county snaperintendents; con- 
tents of same 23 

Record book, contents 23 

To keep itemized account ot expenses 23 

In common districts report to county superintendent time of com- 
mencement of terms of school 23 

To furnish county auditor attested copy of records 23 

To draw and sign all orders 23 

Cannot issue orders to unlicensed teacher Note. 23 

Compensation of, in common districts 27 

Compensation of, in independent districts 29 

To aid in selection of depositories of funds 47 

Failure of to make reports', penalty 54 

Drawing illegal orders by, penalty 55 

Neglecting to keep or deliver records 56 

To report excuses of non-attendance at school, when and to whom. 60 

To report all children of school age in district, when and how 60 

Compensation of clerk for making reports 60 

COLOR 

Classification of pupils as to, prohibited 52 

Districts classifying as to, excluded from apportionment 52 



INDEIX. 

Sections. 
COMMON SCHOOL, DISTRICTS. (See Schools, District Boards, School 
Meetings.) 

Districts, how formed 1 

Contents of petition for formation 2 

Notice of hearing on petition 3 

Proceedings on hearing of petition 4 

When district is in two or more counties 5 

Appeal from order 6 

Division of funds where new districts are formed 9 

Duties of county auditor 9 

Boards of, how constituted 12 

Members of, when and how elected 14 

Vacancies in boards of, how filled 37 

Vacancies, when and how filled by special election 38 

Notice of election or appointment 19 

Acceptance of office by members of board 20 

Oaths, where filed 21 

Quorum of board, power to contract 30 

Rule when part of members refuse to vote Note. 30 

General powers' and duties of boards 31-32-33 

Instruction of pupils in an adjoining district, and transportation of 

pupils 33 

Special duties of boards ; 35 

Duties of cleric 23 

Duties of treasurer 24 

Duties of chairman 25 

Compensation of clerk 27 

Compensation of treasurer 28 

Depository of funds' of 47 

Interest on deposited funds 49 

Officers not allowed additional compensation for depositing funds. 50 

Treasurer not liable for funds lost in depository 48 

Treasurer personally responsible when he fails to deposit funds 

which are lost Note. 48 

COMPENSATION 

Of clerk of common district 27 

Of treasurer of common district 28 

Chairman of common district prohibited from receiving Note. 29 

Money cannot be paid out of treasury as compensation to chair- 
man Note. 29 

Compensation of members for attending meeting of school district 

officers called by superintendent of schools Note. 29 

Of officers in independent districts 29 

Of clerk for reporting children of school age and excuses for non- 
attendance ^ 60 

COMPULSORY EDUCATION 

All children to be Sient to school 59 

Excuses for not sending children to school 59 

Duty of clerk and compensation where there is no truant officer. 60 

Duty of teacher to report to county superintendent 61 

County superintendent to report violations to county attorney 62 

Failure to obey laws relating to, penalty 62 

Failure of clerk, teacher, or county superintendent to perform 

duties, penalty 62 

Fines collected for benefit of school district 62 

"Of or between the ages of 8 and 16 years" defined Note. 59 

CONTRACTS. (See, also. Teachers.) 

Must be made by a majority of the board at a meeting of which all 

members have had legal notice ' 30 



76 INDSX. 

Sections. 

How made when part of members refuse to vote Note. 30 

With teachers, when and how made; validity of 70 

Teacher not to perform janitor service unless contract so speci- 
fies Note. "A 

In excess' of tax by districts, void 69 

For text-books, when and how made 36A 

For free text-books, when and how made 36B 

CORPORAL PUNISHMENT 

When may be admini-stered by teacher Note. 76 

COUNTY AUDITOR 

Duty of, upon formation of new district or division of district 9 

COUNTY ATTORNEY 

Duty of, when notified of unexcuaed non-attendance of children at 

school 62 

COUNTY SUPERINTENDENT 

To report to county attorney violations of compulsory education 

law 62 

Must give opinion as to formation of new district Note. 4 

COUPONS 

Attached to bonds' 63 

D. 

DEPOSITORIES 

For school funds, how selected 47 

Treasurer exempt for loss of funds deposited 48 

Treasurer liable for loss' of funds undeposited Note. 48 

Interest on deposited funds belongs to district 49 

Officers not allowed compensation for depositing funds 50 

DIRECTORS 

Board of, in independent districts 13 

Officers of, and how chosen lb 

Officers must be elected from members of board Note. 13 

May elect a superintendent 13 

Rule governing as to vote for superintendent Note. 13 

May elect superintendent by Aye and Nay vote; note 13 

Quorum of board 30 

Rule when some members refuse to vote Note. 30 

Powers and duties of board 31 

May adopt reasonable rules and regulations Note. 31 

Rule as to advertising for bids when building school house; note... 31 

Additional powers of board 32-34 

Special duties of board 36 

DISTRICTS, SCHOOL 

Formation of new 1 

Contents of petition for forming 2 

Notice of hearing petition 3 

Proceedings on hearing of petition 4 

When dsitricts are in two or more counties 5 

Appeal from order of county commissioners 6 

Change of boundaries' of 7 

Division of funds where new school districts are formed 8 

Duties of county auditor upon formation of new, or division of dis- 
tricts 9 

Duty of county superintendent as to petition for Note. 4 

DISTRICT BOARD, COMMON DISTRICT 

Board consists of chairman, treasurer, clerk I'i 



INDEX. 77 

Sections. 

Members elected for three years each 12 

Elected by ballot at annual meeting 14 

To hold office must be a voter and resident of district 15 

Women may vote for school officers 16 

Quorum of electors and vote necessary to elect 17 

Polls at election open one hour '. 18 

Notice of election or appointment 19 

Acceptance of office zO 

Oath, where filed zi 

Bond of treasurer 22 

Duties of clerk 23 

Duties of treasurer 24 

Duties of chairman 25 

Compensation of clerk 27 

Compensation of treasurer 28 

Quorum for school board meetings 30 

Rule when any members refuse to vote. Note. 30 

Powers and duties of 31 

Powers of, to select and buy text-books 36A 

Rules and regulations by Note. 31 

Instruction of pupils in, and transportation to other districts' 33 

Free text-books, when and how adopted 36B 

Special duties of 36 

Vacancies in board, how fihed 37 

Special election to fill vacancies 38 

Tie ballot for election of member creates a vacancy, how filled; 

Note. 37 

Actions by school board 39 

Actions against 40 

Action when trustees resign 41 

Depositories for district funds, selected by 47 

Treasurer of, not liable for funds lost in depository ' 48 

Treasurer liable for undeposited funds Note. 48 

Board members not entitled to compensation for depositing funds. 50 

Penalty for excluding or expelling pupils for certain reasons 51 

Penalty for making improper classification 52 

Penalty for refusing to serve on board 53 

Penalty for clerk falling to make report. 54 

Penalty for clerk drawing illegal order 55 

Penalty for clerk neglecting to keep or deliver records 56 

Penalty for treasurer attesting illegal order 55 

Penalty for treasurer knowingly paying illegal order 55 

Dealing in school supplies, penalty 57 

Bonds' can be issued by 63 

Vote of electors required to issue bonds by 64 

Bonds, for what purpose issued ' 65 

Bonds and loans from the state 66 

Penalty for making contract for payment of money in excess of 

tax levy 69 

Teachers to be hired by 71 

Teachers" contracts to be in writing 71 

Teachers' contracts to be signed by at least two members of the 

board 71 

Teacher's contract with, for ensuing year Note. 71 

Teacher's contract with, must specify that teacher is to perform 

janitor service if teacher is to perform such service Note. 71 

Teacher's contract with may forbid indulgence in certain pas- 
times Note. 71 



78 INDEX. 

Sections. 
DISTRICT BOARD, INDEPENDENT DISTRICT 

Members of board elected by ballot at annual meeting 14 

Member of board must be voter and resident 15 

Women may vote for members of board 16 

Quorum of electors and vote necessary to elect 17 

Polls open one hour 18 

Notice of election or appointment 19 

Acceptance of office 20 

Oatii, where filed 21 

Treasurer, bond of 22 

Clerk, duties of 23 

Treasurer, duties of 24 

Chairman, duties of 25 

Treasurer, compensation of 29 

Clerk, compensation of 29 

Chairman, compensation of 29 

Quorum of board 30 

Rule when part of members present refuse to vote Note 30 

Powers and duties of board 31 

Powers of, to select and buy text-books 36A 

Rules and regulations by board Note 31 

Additional powers of board 32 

Instruction of pupils, in adjoining district 33 

Additional powers' of board 34 

Special duties of board 36 

Free text-books, when and how adopted 36B 

Vacancy in board, how filled 37 

Tie vote at annual election creates a vacancy, how filled Note 37 

Special election to fill vacancy 38 

Actions by 39 

Actions against 40 

Action when members of board resign 41 

Depositories of funds selected by 47 

Treasurer of not liable for funds lost in depository 48 

Treasurer of liable for undeposited funds when lost Note 48 

Members of board not allowed compensation for depositing funds. 50 

Excluding or expelling pupils for certain reasons; penalty for 51 

Improper classification of pupils; penalty for 52 

Refusing to serve on school board; penalty for 53 

Clerk, failure to report, penalty for 54 

Clerk drawing illegal order, penalty for 55 

Clerk of, neglecting to keep or deliver records, penalty for 56 

Dealing in school supplies, penalty for 57 

Bonds, when and how may issue same 63 

Bonds, what vote of district required 64 

Bonds, for what purposes issued 65 

Bonds and loans from the state 66 

Contract in excess of tax levy void 69 

Contracts In excess of tax levy, officers liable for performance 69 

Teachers, hiring of, by 71 

Teacher's contract to be in writing 71 

Teacher's contract to be signed by chairman and clerk 71 

Teacher not to act as janitor unless specified in contract. Note 71 

Teachers may be forbidden Indulgence in certain pastimes Note 71 

DISTRICT OFFICERS. (See District Boards, Common Districts; Dis- 
trict Boards, Independent Districts; Clerks, Treasurers, Chairman.) 

DUTIES OF OFFICERS. (See District Boards, Common Districts; Dis- 
trict Boards, Independent Districts; Clerks, Treasurers, Chairman). 



INDEX. Y9 

E. 
EDUCATION. (See Compulsory Education.) 

ELECTION 

Of school district officers 10 

Of school districts on issue of bonds, vote necessary 64 

Of superintendent in independent district 13 

EMPLOYMENT 

Of teachers', when and how 71 

ENGLISH LANGUAGE. (See Instruction.) 

EXCUSES 

For failure to send children to Sichool, what are 59 

For non-attendance to be reported by clerk, when, and to whom.. 60 

EXECUTION 

When may issue for judgment against district. 44 

EXPENSES 

Of school district officers attending meeting called by superin- 
tendent of schools Note. 29 

F. 

FINES 

To be paid into county treasury for benefit of school district 62 

FORMATION 

Of school districts. (See Districts, School.) 
FREE TEXT-BOOKS. (See Text-Books.) 

H. 

HOLIDAYS 

What are; are also school holidays....... .i ......... ..' 75 

I. 

INDEPENDENT DISTRICTS. (See District Boards, Independent Dis- 
tricts.) 

INJURIES 

Boards may make rules for protection of district pr&perty ;froni.Sub. 5, 32 

INSTRUCTION 

To be given in English language 73 

May be given in foreign language, when 73 

In foreign language, penalty for violating; note 73 

Of pupils in adjoining district . . ■ ■ 33 

INTEREST 

Schools orders to draw .'. .'. 24 

In what order paid Note. 24 

On school funds to belong to district 49 

INTOXICATING LIQUORS 

Instruction as to effects of, to be given in schools 74 

J. 

JUDGMENTS 

Against districts', how paid 42 

Against districts, out of what money paid ....,;..... .Note. 42 

Against districts, paid out of money not otherwise appropriated... 42 

Tax levy for payment of ......;,.. ... .•. . . . . >,. 43 

When execution may issue against district 44 

Satisfaction of, how made ..).......,. 46 

L. 

LOANS 

Of state school funds, how made 66 



80 INDEX. 

M. 

MEETINGS. (See School Meetings.) 

MONTHS SCHOOL 

What constitutes 72 

MORALS 

Instruction to be given in 74 

N. 

NATIONALITY 

Classification of pupils as to, prohibited, penalty 51 

NARCOTICS 

Instruction as to effects of • 74 

NOTICE 

Of hearing on petition foi- formation of districts 3 

"Posted notice," requisites of such notice Note. 14 

Of hearing on petition to change boundaries 7 

Of election or appointment of school officers 19 

Of officers to give notice of violations of law 58 

Of special school meetings HA 

O. 

OATHS 

Of office, of school officers, where filed 21 

OFFICERS. (See District Boards, Common Districts; District Boards, 
Independent Districts; Clerks, Treasurers, Chairman.) 

ORDERS 

Of formation of school districts 3 

Of change of boundary 7 

For disbursement of funds, how drawn 23 

Payment of by treasurer 24 

To draw interest 24 

Illegal drawing of by clerk, penalty 55 

Practice as to paying of. when not paid for want of funds Note. 24 

P, 

PENALTIES 

For excluding pupils from school 51 

Children of parents paying no taxes cannot be excluded from 

school Note. 51 

Child of school age cannot be excluded; note 51 

Improper classification 52 

Refusing to serve on school board 53 

Failure of clerk to report 54 

Drawing of illegal orders by clerk 55 

Neglect of clerk to keep or deliver record 56 

Dealing in supplies by officers or teachers 57 

Failure to send children to school 62 

Failure of officers to perform duties imposed upon them by the 

compulsory education law 62 

PETITIONS 

For formation of school district 1 

Contents 2 

For change of boundary 7 

For special school meeting HA 

Before petition for new district is presented to' county commission- 
ers county superintendent must pass upon Note. 4 



INDEX. 81 

PHYSIOLOGY 

Instruction in, to be given in schools 74 

POLLS 

How long to be kept open at school meetings' 18 

Open less than hour does not necessarily invalidate election. Note. 18 
POSTED NOTICE 

Meaning of term Note. 14 

PROPERTY 

No property qualification required to entitle a person otherwise 

qualified, to vote Note. 16 

PUBLIC SCHOOLS. (See Schools.) 

PUPILS 

Exclusion of, from schools, penalty 51 

Of school age cannot be excluded Note. 51 

Cannot be excluded because parents pay no taxes Note. 51 

Rule as to the admission of Indian children Note. 51 

Rules and regulations as to government of Note. 31 

Free transportation may be provided for, when and how Sub. 4-32 

Q. 

QUALIFICATIONS 

Of women to vote 16- 

Of teachers 70 

QUALIFIED TEACHER 

Who is 70 

QUORUM 

Of electors at annual meeting 17 

Of school board to transact business 30 

Rule as to, when part of members refuse to vote Note. 30 

R. 

RATES 

Of taxation for school purposes 67 

RELIGIOUS INSTRUCTION 

Cannot be given in public schools Note. 74 

REPORTS 

Of district clerk, how a'nd when made 23 

Of district treasurer, how made 24 

Failure of clerk to make, penalty 54 

District clerk to report children of school and those excused from 

attendance, when and how 60 

RESIDENCE 

How determined for attending school 3'2 

RULES AND REGULATIONS 

Reasonable, may be made by board governing conduct of pu- 
pils .• Note. 31 

In what cases may be adopted Note. 31 

Board may adopt, as to teachers, when Note. 71 

Board may adopt, respecting protection of school property. . .Note. 32 

S. 

SCHOOL AGE. (See Age.) 

SCHOOLS. (See, also. District Boards, Common and Independent.) 

Age of admission to 76 

School boards' have no authority to exclude children of legal age 

from 76 

School boards may not exclude pupils for using tobacco Note. 76 



82 INDEX. 

Residence necessary for admission to Notes. 76 

Management of and discipline in Note. 76 

Must be taught in the English language; exception Notes. 76 

When and how corporal punishment may be used in Note. 76 

Saloons may not be located within 1,500 feet of Note. 76 

Length of terms in 72 

Instruction in ; books to be used 73 

Instruction in morals 74 

Holidays are school holidays 75 

Foreign language, when may be taught in Note. 73 

Powers of school board to manage and control 31 

Powers of teacher to manage and control 71A 

Powers of board to admit non-residents to. 62 

Powers of board to establish grades in 32 

Free transportation to; powers of board ....; 32 

Powers of board to make rules and regulations for protection of 

property 32 

SCHOOL. BOARDS. (See District Boards.) 

SCHOOL DISTRICT BONDS. (See Bonds.) 

SCHOOL DISTRICT CLERKS. (See Clerks.) 

SCHOOL HOLIDAYS. (See Holidays.) 

SCHOOL HOUSES 

Powers of school meetings to build and acquire 10 

How acquired and purchased 31 

Vote required on question of building or acquisition 31 

SCHOOL MEETINGS 

Annual meeting, when and how held 14 

Annual notice of, contents, and how given 14 

Annual, polls at, when and how long to be open 18 

Annual, time and place of, need not be designated at preceding 

meeting Note. 14 

Annual, notice by freeholders requisite of Note. 14 

Annual, second ballot at cannot be had Note. 18 

Annual, plurality vote, and not majority necessary to elect of- 
ficers Note. 18 

Annual, may be held open until business is finished Note. 18 

Special, when and how may be held, notice of IIA 

Special, powers at same as at annual Note. IIA 

Special, duty of clerk to call Note. IIA 

Special, who to preside at Note. IIA 

General, women may vote at 16 

Women freeholders entitled to sign petitions Note. 16 

Women become citizens on marrying citizens Note. 16 

Women may vote on school site questions Note. 16 

Women may vote on issue of bonds, when Note. 16 

Voters, no property qualification required Note. 16 

Powers' of, to appoint officers of 10 

Powers of, to elect officers' by ballot 10 

Powers of, to designate school sites and provide school houses 10 

Powers of, to repeal and modify prior proceedings 10 

Powers of, limited by law Note. 10 

Powers of, as to school sites, how exercised Notes. 10 

Powers' of, to elect officers, how exercised Notes. 10 

Powers of, to build school houses Notes. 10 

Powers of, do not extend to hiring of teachers Note. 10 

Powers of, to vote length of school terms Notes. 10 

Who entitled to vote at, residents Notes. 10 



INDEX. 83 

Sections. 

Powers of, to vote taxes, how exercised Notes. 10 

Powers of, to isstie bonds, how exercised Notes. 10 

Powers of, to vote money for schools and supplies 11 

SCHOOL OFFICERS. (See District Boards, Common Districts; District 
Boards, Independent Districts; Clerks, Treasurers, Chairman.) 

SCHOOL SUPPLIES 

Officers and teachers dealing In, penalty 57 

SCHOOL TAXES. (See Taxes.) 

SCHOOL TEACHERS. (See Teachers.) 

SCHOOL TREASURERS. (See Treastirers. ) 

SPECIAL SCHOOL MEETINGS. (See School Meetings.) 

When and how called. HA 

SITES 

For schools, how selected and acquired 31 

Power of school meetings to select and change 10 

SPECIAL MEETINGS. (See School Meetings.) 

STATE SCHOOL FUNDS 

Application for loans from, how made 66 

STIMULANTS AND NARCOTICS 

Instruction as to effects of 74 

SL PERINTENDENTS 

Of independent districts', how elected 13 

Ex-ofHcio member of board, but not entitled to vote 13 

Rule as to election when some members of board do not vote. Note. 13 

May be elected by "Aye" and "Nay" vote Note. 13 

Duty of as to making complaint against school officers Note. 13 

General duties of 26 

T. 

TAXES 

Limitation of in common districts 67 

Limitation of in independent districts for purchase of school sites 

and erection of school houses 67 

Levied by boaril in independent districts 36 

To be certified to county auditor, when 68 

Contracts in excess of, void; liability of offlcers 69 

For payment of judgment against district 43 

TEACHERS 

Powers of school boards to hire 31 

Contracts can be made only with qualified teachers 70 

Contract with unqualified teacher void Note. 70 

Contracts with, made at meetings called for that purpose 71 

Contracts, when and how made; to be in writing 71 

Contracts, oral, not valid Note. 71 

Contracts, enforcement of Note. 71 

Contracts, general requisites of, validity and enforcement. Notes. 71 

Contracts with, prior to regular annual election... Note. 71 

Contracts with, teacher not to perform janitor service unless speci- 
fied Note. 71 

Contracts with, vote necessary when related to member of board. 

Note. 71 

Discharge of, when and how Note. 71 

Rules and regulations as to conduct of teachers Note. 71 

May close school without loss of pay, when Note. 71 

Wages of, school board cannot retain Note. Vl 

General control of schools by 71A 

Wages of, failure to pay by treasurer, penalty 51A 



84 INDEX, 

Sections. 
To give instruction in morals, physiology, hygiene' and effects of 

narcotics and stimulants ' 74 

May use corporal punishment, when and how Note. 76 

Entitled to holidays 75 

Instruction to be given by in English language 73 

Instruction in foreign language, when and how Note. 73 

Violating law as to instruction in foreign language, penalty. Note. 73 

TERMS, OF SCHOOL 

Not less than five nor more than ten months 72 

Length of, determined by board in independent districts Note. 36 

TEXT-BOOKS 

Powers of school board to select and buy 31 

Contracts for, how and when made 36A 

Free, system of, when ana how adopted 36B 

TRANSPORTATION 

Of pupils to school, powers of boards 32 

Of pupils to adjoining district 33 

TREASURERS 

To receive and be responsible for all money 24 

To disburse moneys', when and how 24 

To keep account of funds and disbursements 24 

To file with clerk detailed financial statement 24 

To make further reports when called on by board 24 

Duties of as to orders not paid for want of funds 24 

Duties and powers of as to care of funds Notes. 24 

Liability of for failure to turn over books to successor Note. 24 

Liabilty of for acting without qualifying Note. 24 

Must not speculate with funds, nor mingle with his own 24 

Must pay out money only on orders signed by clerk and counter- 
signed by chairman Note. 24 

Liability of for failure to file annual statement Note. 24 

Failure of to pay teacher's wages, personal liability 51A 

Bond of, requirements and conditions 22 

Bond of, approval Note. 22 

Amount of bond, meaning of Note. 22 

Bond of, signed by sureties only, does not bind sureties' Note. 22 

Compensation of, common district 28 

Compensation of, amount and limit Notes. 28 

Compensation of, independent districts 29 

Depositories of funds in hands of, how selected 47 

Exemption of from liability upon deposits 48 

Personally responsible for loss of funds not deposited in designated 

depository Note. 48 

Personally liable for payment of judgment, when 42 

Paying Illegal order, penalty 55 

-TUITION 

In public schools to be free 76 

Of non-resident pupils, powers of board as to 32 

V. 

VACANCIES 

In school boards, how filled, by appointment 37 

Tie vote at annual election creates; how filled Note. 37 

In school board.?, how filled by special election 38 

Created at annual meeting by tie vote and not filled by board, how 

filled Note. 37-38 



INDEX. 85 

Sections. 
VOTERS 

Who entitled to vote 15 

Women may vote 16 

No property qualification required Note. 16 

W. 

WAGES 

School board cannot retain teachers' Note. 71 

Failure to pay teachers', by treasurer, penalty 51A 

Drawing illegal order for, by clerk, penalty Note. 55 

WOMEN 

Allowed to vote at school meetings, when and how 16 



